Monday, November 20, 2006

Lakeview: Judges Should Keep Control

The plantiffs in the Lakeview school funding case say that judges should keep the case open until sometime after the end of the upcoming legislative session. Though they acknowledge that the legislature has made a "good faith" effort to comply with court mandates, they say it is impossible to know if their efforts will produce the court's desired result until later.

I don't see what difference it makes. The court faked the legislature out last time by pretending to let go of the reins just before the last legislative session, then shamelessly picked them back up again after it was over. They could always do it again. But why would the courts pretend to let the legislature off the hook right before session?

I think I know. A regular session is the only time the legislature can refer a constitutional amendment to the people. If the ledge had been foreward-thinking and vigilent in the defense of it's authority, it would have referred a constitutional amemdment to the people which would have plainly said that the legislature, not the courts, determine the amount (and/or manner) of funding for education. Once upon a time, no such amendment was necessary, as most of us grew up being taught that the legislature was supposed to be the branch of government with the "power of the purse strings" anyway. These days uppity judges have disregarded that propriety, and legislatures have let them. The Court knows that regular legislative sessions are the one time in Arkansas that the ledge can strike back by referring an amendment to the people slapping down judicial over-reach.

Its not too late, legislature. You could still do it in 07. The court has a majority of bullies on it(excepting Gunter and Hannah, and possibly one of the new guys), and they are not going to quit taking your lunch money until you stand up to them.


Anonymous Anonymous said...

Coming soon to an Arkansas school near you:

7:39 PM, November 20, 2006  

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