This legislative session, the Minnesota GOP has had firm control of the legislature, and the DFL won the governorship.  A conflict has been brewing over taxes and spending.  The DFL wants more – of everything.  The GOP wants to “live within our means”.  The legislature passed appropriations bills for all state departments, and the governor vetoed all but one of them.  As a result, the state of Minnesota loses its ability to spend money on June 30th.

The Minnesota constitution, in article XI, section 1 is clear:

No money shall be paid out of the treasury of this state except in pursuance of an appropriation by law.

However, on June 13th, the Minnesota attorney General, Lori Swanson, filed this, and added legal reasoning here.

Then, on June 15th, Governor Dayton filed this.

The governor’s filing is a puzzle.  One the one hand, it warns of “corruption and tyrrany” if the court intervenes, and then later asks the court to intervene by appointing a mediator.

There is apparently no statutory support for these appeals to the court.  They are based on the precedents set in 2001 and 2005, and even so are very weak.  The shutdown in 2001 was arguably a constitutional issue because it involved the legislature shutting down other branches of the state government.  It was in 2005 that the court took it upon itself the power to substitute its judgement for that of the legislature.

This year, the 2005 precedent is being exploited to fund roughly one third of the entire state budget. (by my rough calculation).

A question that should be asked is: if the courts can declare some spending “core” and not not subject to the constitution’s restrictions on appropriations, then who is to say that the court cannot simply declare that the legislature may not cut funding for XYZ program or department.

The shutdown threatens to cause damage and dislocation to the state, but a “favorable” ruling on the governor’s and AG’s petitions to the court will do far more damage.  These court pleadings will undermine core concepts in our state constitution, which is far worse.

Call your legislator.  Contact the Governor.  If we are to protect and defend our constitution, and maintain a Rule of Law, we cannot allow our state officials to abdicate their responsibilities to execute their constitutional functions.

The court has no proper role in this budget battle.  Governor Dayton and the legislators need to solve this problem on their own.