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SC high court orders Gov. Sanford to take money
AP ^ | 6/4/09 | Jim Davenport

Posted on 06/04/2009 2:24:13 PM PDT by steve-b

South Carolina's Supreme Court ordered Gov. Mark Sanford on Thursday to take $700 million in federal stimulus money aimed primarily at struggling schools.

The decision brings a likely end to months of wrangling between the nation's most vocal anti-bailout governor and legislators who accused him of playing politics with people's lives.

The Republican governor had refused to take the money designated for the state over the next two years, facing down irate protesters and legislators who passed a budget requiring him to do so. While other Republican governors had taken issue with requesting money from the $787 billion federal stimulus package, Sanford was the first governor to defend in court his desire to reject money from Washington....

(Excerpt) Read more at google.com ...


TOPICS: Government; US: South Carolina
KEYWORDS: sovereigntylost
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1 posted on 06/04/2009 2:24:13 PM PDT by steve-b
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To: steve-b
Does it cause anyone else a sense of profound concern to read that the judicial branch has ORDERED the executive branch to X, Y or Z at ANY level of government in the USA?

Judges (and, therefore, lawyers) are frightening creatures.

2 posted on 06/04/2009 2:27:36 PM PDT by TChris (There is no freedom without the possiblity of failure.)
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To: TChris

It does me, but I have not kept up with this case enough to know on what grounds the challenge was on.


3 posted on 06/04/2009 2:28:37 PM PDT by DonaldC
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To: TChris

It sure does. My first thought.


4 posted on 06/04/2009 2:29:10 PM PDT by CaptRon (Perdicaris alive or Raisuli dead)
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To: TChris

That the judicial branch can order the exec to do something is fine and dandy, its a constitutional check. That a State Supreme court would order the cession of state sovereignty in south Carolina is very *very* profound..

This money came with strings binding the people of South Carolin and I hope the appreciate the chains Washington is forgin the next time taxes have to be raised to sustain this annual new spending..


5 posted on 06/04/2009 2:30:59 PM PDT by N3WBI3 (Ah, arrogance and stupidity all in the same package. How efficient of you. -- Londo Mollari)
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To: TChris

I really wonder how long any of us can continue to obey the “law”. It is no longer law, but rule of oligarchy and their thugs. Sanford should either refuse (and force the issue) or resign under protest (the “nice” option).


6 posted on 06/04/2009 2:31:08 PM PDT by Clock King
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To: TChris

Yes, and the executive branch (Pres. Zero) is ordering the legislative branch (Congress-stimulus) around as well.

Rock paper scissors just became smash cut tear and is useless.


7 posted on 06/04/2009 2:31:58 PM PDT by autumnraine (Freedom's just another word for nothing left to lose- Kris Kristoferrson)
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To: Clock King
Sanford should either refuse (and force the issue) or resign under protest (the “nice” option).

As another executive once said, "They have given their order. Let's see them try and enforce it." --or words to that effect.

8 posted on 06/04/2009 2:32:55 PM PDT by TChris (There is no freedom without the possiblity of failure.)
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To: TChris

In 1832 when told how to handle the Cherokees by the John Marshall’s supreme court, Andrew Jackson is supposed to have said “Mr Marshall has made his decision, now let him enforce it!” and refused to follow the court’s direction. In fact he didnt say that, but he also didnt follow the court’s direction, saying with a bit less drama “The decision of the Supreme court has fell still born, and they find that it cannot coerce Georgia to yield to its mandate.” In the end, the executive did not take orders from the judicial, as it should be. And so it should be in this case.


9 posted on 06/04/2009 2:33:15 PM PDT by pepsi_junkie (Who is John Galt?)
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To: steve-b

It seems to me I remember something about seperation of powers...Who ever is in charge should tell the courts to pi$$ up a rope.


10 posted on 06/04/2009 2:33:45 PM PDT by goat granny
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To: steve-b
But on Monday, U.S. District Judge Joseph Anderson cited Clyburn's amendment in saying it was clear Congress intended to allow legislators to get around governors who didn't want the money.

Is that poor reporting or poor adjudicating? The question shouldn't be "what did congress intend", but "what did the constitution intend".

11 posted on 06/04/2009 2:35:00 PM PDT by RagingBull (Talent does what it can; genius does what it must)
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To: steve-b
The decision brings a likely end to months of wrangling between the nation's most vocal anti-bailout governor and legislators who accused him of playing politics with people's lives.

And this decision is not?

12 posted on 06/04/2009 2:36:02 PM PDT by Altura Ct.
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To: N3WBI3
That the judicial branch can order the exec to do something is fine and dandy, its a constitutional check.

Really? Quote the relevant portion(s) of the Constitution, please.

13 posted on 06/04/2009 2:38:39 PM PDT by TChris (There is no freedom without the possiblity of failure.)
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To: N3WBI3

“That the judicial branch can order the exec to do something is fine and dandy, its a constitutional check.”

I thought something like this was the point of checks and balances. It would have been different had the state legislature voted on it. This was basically legislation from the bench. Not so good.


14 posted on 06/04/2009 2:49:37 PM PDT by FreeSouthernAmerican (All we ask is to be let alone----Jefferson Davis)
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To: N3WBI3
That the judicial branch can order the exec to do something is fine and dandy, its a constitutional check.

Perhaps in a case of state law but to force the chief executive of the state to accept federal funding? I don't see it.

How would they enforce it?

15 posted on 06/04/2009 2:51:26 PM PDT by raybbr (It's going to get a lot worse now that the anchor babies are voting!)
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To: steve-b

I hope Gov Sanford keeps his cool and continues to refuse the money. OR if he has no other recourse, he can take the money and put it in a secure bank and then after a year (or less) pay it back to the US Treasury.

They said he had to take it, not that he had to use it, right?


16 posted on 06/04/2009 2:57:41 PM PDT by HighlyOpinionated (Sarah Palin and Michele Bachmann in 2012. With Liz Cheney as Secretary of State.)
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To: steve-b

The court is overstepping its bounds there, is it not?


17 posted on 06/04/2009 2:58:10 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: steve-b

“...who accused him of playing politics with people’s lives.”

Who’s lives would they be referring to?

(forced STATE Welfare)


18 posted on 06/04/2009 2:58:39 PM PDT by This_far
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To: steve-b
The decision brings a likely end to months of wrangling between the nation's most vocal anti-bailout governor and legislators who accused him of playing politics with people's lives.

And the court isn't?

I am so sick of the double standard that the liberals use.

19 posted on 06/04/2009 3:01:46 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: steve-b

Now we will see if Sanford has the guts to say, “Thank you, co-equal branch of the government, for your ruling but I happen to disgaree and therefore will not accept the stimulus money.” Does Sanford have any guts? More guts than, say, Jeb Bush?


20 posted on 06/04/2009 3:05:04 PM PDT by Lancey Howard
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