Wednesday, April 05, 2006

Runaway State Courts-The Holt Solution

Senator Jim Holt will introduce a resolution that will allow the state a way out of the Lakeview crisis without a tax increase and will allow the state to reverse recent legislation that destroyed the last vestiges of local control of schools.

The resolution will state that the intent of the legislature is to refer a constitutional amendment to the people which expressly states what the court should have known all along- that it is beyond their authority to set spending for the state's schools.

(Click "Wednesday" below and scroll down for the text of the resolution, or if sent directly to this page just scroll down)

24 Comments:

Blogger Mark Moore (Moderator) said...

State of Arkansas
85th General Assembly
First Special Assembly, 2006 Senate Resolution XXX

Senator Holt

A Resolution to be entitled:
“Declaration of Intent to Refer an Education Amendment to the People of This State”

Subtitle
“A resolution to take the matter of which branch of government should determine school funding and other school issues to the people of this state in order to resolve our present controversy.”


Whereas: The State Supreme Court of Arkansas has attempted to usurp the authority of both the Executive and Legislative branches with regards to public education in this state,

and;

Whereas: State Supreme Courts in at least Six other states in this Union have correctly ruled that state courts do not have the authority to tell the legislature what the funding levels for schools should be

and;

Whereas: Chief Justice Hannah and Justice Gunner, in an attempt to reason with the more high-handed members of the state supreme court, also argued in their dissent that the judiciary had no such power to set spending,

and;

Whereas: It is well known that our system of government was founded on the principle of division of power, and that the power of the purse strings in this system is given to the legislature, not the judiciary,

and;

Whereas: It is equally well known that our system of government was founded with a system of checks and balances, in full appreciation that there would be times when each branch would have to serve as a check upon the others when they encroached on the rights and liberties of the people,

and;

Whereas: President Washington noted in his Great Farewell Address, “A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power by dividing and distributing it into different depositories . . . has been established."

And;

Whereas: Thomas Jefferson, Founding Father and author of our beloved Declaration of Independence had this to say about judicial power…"The Constitution . . . meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch." And that he said of the federal courts in another place "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”

and;

Whereas: Our Declaration of Independence states that all governments are “deriving their just powers from the consent of the governed.”

Let it be hereby resolved,

That should our State Supreme Court continue to use the Lakeview or any other case to usurp the power of the purse strings, or any other power, which our system of government has granted the Legislature, then, at the next regular session of the legislature, it is the intent of the Senate to refer an amendment to the Constitution of Arkansas to the ultimate authority in this state, the people themselves: Such amendment to clearly state that it is the Legislature, and not the Judiciary, that makes law and determines amounts of monies to be appropriated for schools in this state.

8:55 AM, April 05, 2006  
Anonymous Anonymous said...

Not bad, how much support do you think it will garner?

9:44 AM, April 05, 2006  
Blogger Mark Moore (Moderator) said...

They voted 28-1 to set minimum wage levels for every business in the state. I am not hopeful, but I guess the Founders did not have reason to be hopeful fighting the worlds #1 military empire.

You don't quit fighting for freedom just because you are surrounded by people who don't have the courage to believe in it. You just keep trying to ENcourage them.

10:06 AM, April 05, 2006  
Anonymous Anonymous said...

Can anyone say "political opportunism?" Sure ya can!

11:28 AM, April 05, 2006  
Anonymous Anonymous said...

Can anyone say "fighting for freedom even though you are surrounded by gutless wonders in the ledge and mockers on blogs who would not give you credit if you saved their worthless lives?"

Sure ya can!

11:32 AM, April 05, 2006  
Anonymous Anonymous said...

This sounds great. But its a paper tiger. I see no real claws. If Jim Holt is who he claims, it shold be easy to get the senate to pass this. Can he work with others to pass new laws? I will watch this law to see. After all if he is elected it will be his job to pass the Republican Party's agenda. Right?

7:29 PM, April 05, 2006  
Anonymous Anonymous said...

It should be easy if the legislators are the people they claim they are to the folks back home. We will see if they really are.

8:38 PM, April 05, 2006  
Anonymous Anonymous said...

But Holt doesn't get along with the other members of the Senate. Therefore it will be difficult to pass this legislation.

7:13 AM, April 06, 2006  
Blogger Harvey Edwards said...

Since when is it a requirement to get along with the others? is this something that has been socially conditioned? When anyone defends their position and wont be swayed by Polls or others positions in the name of building bridges they are the true Representatives.I have a strong feeling I wont be loved by all in politics, I'm not there for them, I am there for the constituents. I will keep my defense of good men coming as needed.

1:22 PM, April 06, 2006  
Anonymous Anonymous said...

If you can't get along with others, they won't work with you. Therefore, you'll never get anything done.

4:33 PM, April 06, 2006  
Anonymous Anonymous said...

I would not get along with those socialists very well either.

9:33 PM, April 06, 2006  
Anonymous Anonymous said...

If he thinks they're socialists like you do, why does he want to lead them?

6:37 AM, April 07, 2006  
Anonymous Anonymous said...

Glutton for punishment?

1:27 PM, April 07, 2006  
Anonymous Anonymous said...

I would like to point out a situation that I just became informed of. Several people have caught someone pulling up Matayo signs and replacing them with Holt signs, and also using Matayo's fence posts. This has been happening all over NWA. That is a sin and also a crime. Unless these people would like to be all over the news, then I advise them to stop.

6:00 PM, April 09, 2006  
Anonymous Mark M said...

If this is not a hoax then my guess is that Doug did not tell the property owner that he was running against Jim. When they found out, they took his sign down and put up a Holt sign.

6:22 PM, April 09, 2006  
Anonymous Anonymous said...

That would be a great reason if several people hadn't seen it happen. They are also using Matayo fence posts. That is stealing. Other business owners that have been talked to said that one night they left and Matayo's sign was out and the next morning it was gone and Holt's was there. They are now taking down the Holt signs and putting Matayo's back.

6:50 PM, April 09, 2006  
Blogger Mark Moore (Moderator) said...

ey anonymous slimer:

The Holt campaign is not doing what you are accusing us of. If you have any evidence GO TO THE POLICE AND THE MEDIA. Until then, keep your garbage off this blog. Matayo's partisans make one false accusation after another against Jim and it is getting REALLY tiresome.

Jim Holt has been putting up signs for years and there has NEVER been an accusation like this from any of his opponents. Only the Matayo camp starts hallucinating that Jim Holt is doing all of these terrible things.

GROW UP. If you have any real evidence instead of just more anonymous libel then go to the media and the police with it. And GO AWAY from this blog until you get the courage and integrity to put your REAL NAME with some REAL EVIDENCE on this guano you keep throwing out about Jim.

Got it?

7:39 PM, April 09, 2006  
Anonymous Anonymous said...

The only proof I need is that this has happened to a family member. One night their Matayo sign was in their yard and the next morning it was gone and replaced by a Holt sign. If that wasn't done by the Holt camp, then who did it? I also heard from several businesses that said the same thing. Do you think it's just a coincidence? I don't. If this was being done to Holt, you would be screaming, and you know it. It's dirty and it has to stop.

8:03 PM, April 09, 2006  
Anonymous Anonymous said...

I don't think it's a coincidence. I think you're a LIAR.

7:20 AM, April 10, 2006  
Anonymous Anonymous said...

No one is asking for your opinion. You have been asked to make it stop. You can either do that or you can let the criminal act continue.

7:49 AM, April 10, 2006  
Anonymous Anonymous said...

Do you think it's just a coincidence? -8:03am

Hey moron, someone did ask for an opinion.

No one's buying your garbage.

8:06 AM, April 10, 2006  
Anonymous Anonymous said...

Mark are you a nuts? You do the worst job of running a blog I have every seen.

3:47 PM, April 10, 2006  
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5:36 AM, February 16, 2007  
Anonymous Anonymous said...

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6:39 PM, April 23, 2007  

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