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Poll: Most Kansans think court overreached in school ruling
direct from AP wire in office, no URL link | 6/20/05 | Associated Press

Posted on 06/20/2005 8:26:24 AM PDT by rwfromkansas

WICHITA, Kan. (AP) -- A slight majority of Kansans believe the state Supreme Court's demand for more funding of public schools overstepped its authority, but reaction is mixed over whether lawmakers should defy justices, a new poll shows.

The survey conducted this week for The Kansas City Star and The Wichita Eagle did find one point of agreement: Nearly two-thirds of respondents said schools need more money.

On Wednesday, legislators will return to the Kansas Statehouse to begin discussions on how to cope with the high court's order to provide another $143 million in school funding by July 1.

Lawmakers are divided over what to do, and some have threatened to defy the ruling.

The Star-Eagle poll showed that 52 percent of Kansans thought the court overstepped its authority. Some 36 percent said the justices did have such authority; 12 percent were unsure.

The survey results' release came a day after about 100 people rallied at the Statehouse to urge lawmakers to defy the court's order.

Five House Republicans, but no senators, attended the rally.

"I shall not acquiesce to the Kansas Supreme Court," Rep. Frank Miller, R-Independence, told the crowd.

Rep. Lance Kinzer, R-Olathe, said he intends to introduce two constitutional amendments during the session -- both to limit judicial power.

One amendment would prohibit courts from ordering the governor to spend money for purposes not authorized by the Legislature. The other would remove court jurisdiction over school funding levels.

"It's really not a complicated issue. In our system, it is the legislature alone that can spend the people's money," he said.

Still, 44 percent of polltakers said they would not approve of legislators' defiance of the court. Forty-one percent said they'd approve.

"We elect our representatives to make laws for the state," said one respondent, Leawood businessman Woodrow Anderson. "They are elected, and the Supreme Court judges are not elected."

Others sided with the court.

Joy Baird, a retired Wichita secretary, said the court took on a job of boosting school spending that the Legislature had refused to do.

"Somebody had to start the ball rolling," she said. One possible source for new money for schools is gambling revenues, an issue the poll tackled.

According to the survey results, 41 percent of people said gambling was the preferred revenue source if lawmakers increase the education budget. Some 18 percent said they would cut programs to fund education; 15 percent favored a tax increase.

Support for an expansion of gambling was divided along party lines. Nearly 75 percent of Democrats said they favored an expansion of gambling, compared with 45 percent of Republicans.

The survey included the responses of 625 registered Kansas voters. It was taken Tuesday through Thursday by Washington-based Mason-Dixon Polling & Research Inc. and has a margin of error of plus or minus 4 percentage points.

The poll showed Gov. Kathleen Sebelius weathering the school finance storm far better than the Legislature.

Forty-two percent of respondents said the Democratic governor had done an excellent or good job, while 41 percent said she had done a fair or poor job.

Only 23 percent said the Republican-controlled Legislature had done an excellent or good job, compared with 58 percent who rated lawmakers' job as fair or poor.


TOPICS: Culture/Society; US: Kansas
KEYWORDS: education; kansassupremecourt; schoolfunding; specialsession
Let's hope they defy the court, or at the very least, get a constitutional amendment to prohibit this in the future.
1 posted on 06/20/2005 8:26:25 AM PDT by rwfromkansas
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To: rwfromkansas

Another example of Judges legislating from the bench.


2 posted on 06/20/2005 8:32:47 AM PDT by golfisnr1 (Democrats are like roaches, hard to get rid of.>)
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To: GarySpFc; William Creel

bump


3 posted on 06/20/2005 8:33:30 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: rwfromkansas

Contacts for some major legislators:

mays@house.state.ks.us
neufeld@house.state.ks.us
o'neal@house.state.ks.us
aurand@house.state.ks.us
journey@senate.state.ks.us
morris@senate.state.ks.us
o'connor@senate.state.ks.us
palmer@senate.state.ks.us
schmidt@senate.state.ks.us
brownlee@senate.state.ks.us
schodorf@senate.state.ks.us

Majority leader in the Senate....a mushy moderate:

Senator Derek Schmidt
State Capitol - Room 356-E
Topeka, Kansas 66612
(785) 296-2497

Senator Derek Schmidt
304 North Sixth Street
P.O. Box 747
Independence, Kansas 67301
(620) 331-1800

Senate President Steve Morris....mushy moderate:

600 Trindle Street
HUGOTON KS 67951-2793
Phone: 620-544-2084

359E, Capitol, 300 SW 10th Avenue
TOPEKA KS 66612
785-296-2419
785-296-6718

The House leadership is conservative, but you could call as well as e-mail their offices if you want (e-mail for the two guys above is in the above list). Look them up at kslegislature.org


4 posted on 06/20/2005 8:56:47 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: rwfromkansas

Damn arrogant courts. They need to be slapped down ASAP. They have no business in this issue.


5 posted on 06/20/2005 9:10:10 AM PDT by RAY (They that do right are all heroes!)
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