Saturday, December 17, 2005

Court Orders Legislature to Spend More on Education

The state supreme court has ordered the legislature of Arkansas to spend more money on schools in a 5-2 decision. Chief Justice Hannah and Justice Gunter dissented, arguing that the courts had no authority to order the branch of government which is supposed to have the "power of the purse strings" to spend even more of the people's money.

The Arkansas News article is here

13 Comments:

Blogger Mark Moore (Moderator) said...

In my view, the Chief Justice and Justice Gunter ruled correctly. State courts in six other states ruled the same way- they don't have the power to order the legislature to spend more money. The justices in our state have chosen to take a far more expansive view of their own power.

The people of this state clearly do not want a tax increase, nor do they want to be placed further in debt by their elected officials. The justice's immoderate insistence that they can order the legislature to spend more money on schools is going to eventually force a constitutional crisis. It makes a mockery of our whole system of checks and balances.

I do not know if it will be now, but if the judges continue to be obstinate at some point elected officials in the other two branches of government will stand up to the courts- or the people will find elected officials who will.

Once can argue that our judges are elected too, but the current "judicial code" does not allow them to comment on issues or cases. In other words, the election is almost meaningless because it is very difficult for the people to know what they are getting.

Things are coming to a head. Can anyone else out there think of a happy ending for all of this?

9:01 AM, December 17, 2005  
Anonymous Anonymous said...

Ballot measure changing the constitution to change the wording from shall provide to may provide

10:16 AM, December 17, 2005  
Blogger Mark Moore (Moderator) said...

That would do it allright, but do you think a change in the Constitution is needed? I mean two of the Justices basically ruled correctly already. If the ledge stepped up and defined what a "suitable" education is, that would fill the vacuum and I hope help take it out of the judges' hands.

BTW, Holt and Bisbee tried to refer questions to the voters that said specifically that the ledge and local districts and parents would determine what the standards were, but back then the rest of the ledge thought $380 million would placate the judges. They now know better.

1:28 PM, December 17, 2005  
Anonymous Harvey Edwards said...

They had best not touch the Constitution. They need to stick to the constitution . I have said before that the Judges have no business deciding the legislatures business. Or has it come to the point that our Legislaures cannot do their duties? It sure seems that way when they wash their hands of the Schools and tutrn it over to the judges.

3:33 PM, December 17, 2005  
Anonymous Anonymous said...

harvey,

sadly enough, it HAS come to the point that the legislature cannot do its duties....hell...it don't even know what its duties are...and if it did....it wouldn't have the courage to do it anyway....ALL a bunch of coward....ALL.....ALL.....ALL....even the bravest one among them...and you know who i am talking about....punked out on this whole issue.....sure he did about 10000 times better than absolutely anyone else....but he punked out too.....

mark my words....the legislature won't do what it need to do to fix this situation by forcing a constitutional crisis....by defunding the supreme court and/or calling for impeachment of justices.....they won't do it....they are all cowards....cowards every one.....

8:56 PM, December 17, 2005  
Blogger Drew Pritt said...

Mark,

Only the hard-hearted like Pharaoh pull a manuever like you just did. You couldn't stand the heat, so you closed down the kitchen.

I pray for you and all the modern-day Pharisees. When we all get to heaven and I do mean ALL, I'll hug you and forgive you and Terry for the pain you caused me on earth.

You are forgiven, in my eyes for the hurt you caused me. I also offer my apology for anything I said that offended. However, I spoke truth into what has become a dark place here.

You can either debate and hear truth in the light of day or shut down the site to what you and your friends want to hear, which is the song of the siren.

Drew

9:14 PM, December 17, 2005  
Blogger terrymcdermott said...

Drew you are just too much. Now you invade this thread. On my blog I am asking people to contact your site and encourage you to withdraw from the race.

9:27 PM, December 17, 2005  
Blogger Mark Moore (Moderator) said...

Drew we like to talk about politics here. You can come talk about politics OK, but you cannot come in here and talk about your homosexualchristianity. You take every thread you enter off topic. You cannot seem to resist the urge to slip that topic into everything you do. You slip it in. If we respond, then another thread has just been hijacked. If we don't respond, you keep it up until we do, or it begins to seem our silence is the same as aquiesence.

You will either find the strength within yourself to refrain from such comments or I will ban you from this site.

If you can't or won't agree to that, then just go away and quit bothering people.

9:42 PM, December 17, 2005  
Blogger Mark Moore (Moderator) said...

More detail on Chief Justice Hannah's dissent here...

http://www.nwaonline.net/articles/2005/12/16/news/fayetteville/03fzdissent.txt

9:44 PM, December 17, 2005  
Blogger globalfriendshipnetwork said...

thats right govt. should spend more money on education . but problem is from where they will get money ? probably they will raise taxes

10:48 PM, December 17, 2005  
Anonymous Anonymous said...

that's right? WHy should the government spend more on education? I don't believe your statement.

12:12 PM, December 18, 2005  
Blogger Mr. Toast said...

Dr*w wrote:
Mark,

Only the hard-hearted like Pharaoh pull a manuever like you just did. You couldn't stand the heat, so you closed down the kitchen. I pray for you and all the modern-day Pharisees.


Bunk!
Mark halts a thread that you've de-railed, and you call him a hard-hearted Pharaoh. But your own blog does not allow comments on any of the threads! Similarly, you yell incessantly about how others should examine themselves and repent of sin you perceive, but you refuse to acknowledge the plank jutting from your eye.

2:31 PM, December 18, 2005  
Anonymous Scott Arthur Edwards said...

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4:38 PM, October 10, 2006  

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