For the record, there's actually 4 portions of the Nevada constitution playing against each other here:
- The 2/3 rule for any tax increase (except if the voters agree by a majority vote in a general election before the increase takes effect; the next one is in November, 2004)
- The requirement that the state's general funds cover whatever portions of school spending other constitutionall-specified funds (also collected by the state) doesn't through direct appropriation (that means that it's not it doesn't automatically happen) with no proviso of adjustment by the state once the local districts submit their budgets (that shoots down the "cut the school budget" idea)
- The requirement that the state operate with a balanced budget
- The agenda for any legislative special session (which they are in as they already burned through the constitutional 120 days) is set solely by the governor (who refuses to allow anything other than the massive tax hike)
The first disbursement to the schools is due on August 1 by law. The legislature passed (and I presume Governor RINO signed) a sufficient amount of spending to guarantee that once the education funding was approved, that taxes would go up $788 million over the next 2 years. Governor RINO steadfastly refuses to allow the legislature to revisit the budget, and all 7 "justices" agree.
133 posted on
07/14/2003 8:53:24 PM PDT by
steveegg
(Help kill this tagline - donate to FR today - https://secure.freerepublic.com/donate)
To: steveegg
Its a settled principle of constitutional law that a more recent provision supersedes or prevails over an earlier one and its also a settled principle of constitutional law that the court's duty is to reconcile differing parts into a harmonious whole. The SCON instead chose to simply nullify a part of the State Constitution it didn't like. What they decreed was unconstitutional in that it exceeds the courts' power of judicial review and it usurps the the balance of power between the three branches of government when the SCON took upon itself to act both as a legislative and an executive department of the government. An unconstitutional ruling is null and void and has no legal effect. I would have liked to see Assembly Leader Lynn Hetrick challenge her colleagues to aid the court in its rape of Nevada voters - as they so brazenly have done. The entire state government of Nevada is lawless. And I would submit further to Congressman Billy Bob that it is no longer a state guaranteed a republican form of government. It is instead a state ruled by seven liberal autocrats on its highest state court.
145 posted on
07/15/2003 4:23:35 AM PDT by
goldstategop
(In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson