Showing posts with label Extraordinary Special Session. Show all posts
Showing posts with label Extraordinary Special Session. Show all posts

Thursday, May 16, 2019

Strict Constructionist Conservative Activist Wisconsin Supreme Court Justices ignore Constitution? Yup!

This was easy, at least for the radical left wing justices on the Wisconsin Supreme Court who seem focused on...the actual "constructionist" written language of the State Constitution. Go figure...:
Two of the liberal-backed justices on the court, Ann Walsh Bradley and Rebecca Dallet, welcomed the plaintiffs’ argument the Legislature did not convene legally because no law existed giving them such authority. Dallet contended the only law that governs when the Legislature may meet refers to regular sessions, not extraordinary sessions. “Where is the law that tells us you can call this extraordinary session?” Dallet said. “And if you wanted such a law, why can’t the Legislature pass one?”

The state constitution says lawmakers can meet only when called into a special session by the governor or as "provided by law." State law does not explicitly describe extraordinary sessions.
Not a law. Pretty simple.

Still, Republicans seem to think legislative "scheduling," or being in a "non-stop meeting," or "they can hold meetings at anytime," or "have the power to establish a schedule that is 'broad and amorphous' if they want," is just like having a law:
Legislators are allowed to hold extraordinary sessions ... they can hold meetings at any time ... lawmakers effectively were in a nonstop meeting for two years, with the lame-duck session an extension of a meeting that began in January 2017.
Strict Constructionist Activist Conservative Justice Exposed, and now confused? Constructionist's always argue they aren't political. So why don't supposed liberal judges claimed they're strict constructionists? Put another way, our conservative activist Justices, who wouldn't think twice about overturning decades of settled law, are now whining that after so many years it would seem crazy to declare extraordinary sessions unconstitutional...you can't make this stuff up:
As League of Women Voters attorney Jeffrey Mandell stood to begin his arguments in the case, he was cut off immediately by conservative Justice Rebecca Bradley. "You are asking this court to rule that the Wisconsin Legislature has been acting unconstitutionally for over four decades," Bradley told Mandell. "How can that be? Don't you find it extraordinary that nobody has raised this issue before this court in over four decades?"
Real strict constructionist thinking there huh? Also, I found it extraordinary and not so "constructionist" to overturn a century of Second Amendment law and giving corporations First Amendment speech and religious rights, but that's me.

Tuesday, March 26, 2019

Ego driven Walker Republicans lose on 2 attempts to reshape the State Constitution.

1. The Walker Authority Special Session Power Grab: In a competition between Republican Gov. Scott Walker and Michigan's Gov. Rick Snyder who installed emergency managers that replaced all locally elected officials, Snyder won the "smart" award when he vetoed that states Republican legislative power grab over their incoming Democratic governor.

Walker lost hands down. That's how extreme and politically motivated career politician Scott Walker really is. It has now taken a Circuit Court Judge to call Walker's act of narcissism to keep his 8 year record in place unconstitutional.

One other thing. The state Constitution does not allow the legislature to call its own lame duck extraordinary session, and yet, Republicans insist they are the strict constructionist, defending the exact words of the Constitution. There defense? They've been doing it for years:
Dane County judge Richard Niess on Thursday issued a temporary injunction blocking a set of laws passed by Republican lawmakers late last year that stripped away some powers from Wisconsin's governor and attorney general ... the method by which the Legislature passed the bills — an extraordinary session — is unconstitutional, therefore rendering anything passed during the session invalid. "Failing to enjoin the illegal actions of the Legislature would result in substantial changes to Wisconsin government, the administration of federal benefits and programs, election administration and transportation projects — all pursuant to laws that do not exist," wrote Dane County Circuit Judge Richard Niess in his ruling.

Lawyers for the Republican lawmakers and argued that striking down the lame-duck laws would call into question the validity of any laws passed in a similar manner over the last 40 years.
 2. Walker violated the Separation of Powers! Yup, Power Corrupts: The Republican constitutional scholars who claim to know what the founding fathers intended, and whined for years how Obama exceeded his presidential powers, trashed any credibility they thought they had to argue their case permanently:
Rep. Robin Vos
Dane County Judge Frank Remington has ruled in favor of plaintiffs and against GOP lawmakers’ lame-duck legislative session for the second time in two weeks ... The lawsuit, which was heard in court on Monday, argued lawmakers violated the state constitution’s separation of powers guarantee by unfairly limiting the authority of the executive branch. Remington agreed on several counts, blocking some — but not all — of the laws passed during the lame-duck session. 

"Wisconsin’s constitution is like a keel on a great ship. It defines the structure of state government," Remington wrote in his decision. "In December, 2018 the Legislature and then Gov. Scott Walker upended the balance that this state has had for most all of its 171 years. The time has come to right this ship-of-state so Wisconsin can resume smooth sailing ahead."

Remington upheld lawmakers' ability to block Evers from changing require able-bodied, childless adults to work or pass drug tests in order to receive public benefits like food stamps and Medicaid, but threw out their authority to block his action regarding withdrawal from federal lawsuits.