Posted on 02/27/2009 2:15:23 AM PST by earmarksrus
An interesting scenario is setting up under the stimulus package. In Alaska, the Governor has line-item veto on budget matters.
In the federal stimulus law, there is a provision that allows for the state legislature to by-pass the executive branch.
H/T to conservatives4palin on the topic of the legislator's comments on the matter.
The language of the stimulus bill:
ADDITIONAL FUNDING DISTRIBUTION AND ASSURANCE OF APPROPRIATE USE OF FUNDSSEC. 1607.
(a) CERTIFICATION BY GOVERNOR. Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that: the State will request and use funds provided by this Act and will use the funds to create jobs and promote economic growth.
(b) ACCEPTANCE BY STATE LEGISLATURE. If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.
(c) DISTRIBUTION. After the adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion.
As stated, there is an interesting scenario setting up where by state constitutional authority, the Governor is given line-item veto. Something that is not held in the federal constitution per U.S. Supreme Court decisions.
Technically, a constitutional question of law can come into effect in that the federal stimulus package can have the caveat of holding states in obligation on future funding of items and projects.
From a constitutional stand point, Obama is overruling Alaska's Constitution in that he is allowing the state legislature through federal law, to completely by-pass the state constitutional provision giving the Governor the executive authority to use her veto pen.
A poll on the topic is in the upper left-hand of the page.
Go CUDA!
The 10th Amendment is there just for this purpose.
I know that it has been much abused, but right here is as good a place to take a stand as any.
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