Federal judges in Nevada reject challenge in tax dispute case

Nevada Appeal / Associated Press ^ | July 18, 2003 | CHRISTINA ALMEIDA

[The Old Hoosier]

The solution is REFUSAL to pay the tax. Followed by recall of the whole NVSC in one single election. Then Guinn gets run out of town.

[Only1choice____Freedom]

It's good to be the king.

[Support Free Republic]

Any way I can talk you into making a donation?? Thanks if you will!

[Onelifetogive]

other constitutional mandates required a balanced budget and adequate funding for public schools.

This is such a crock... What does "adequate funding" mean? Does the contitution require that no other spending be cut?

[ZGuy]

‘‘I’m not surprised. I never thought there was a federal question in the case,’’ said Senate Minority Leader Dina Titus, D-Las Vegas."

It's definitely a federal case : a 4th amendment case. Potentially the first one in 150 years.

What may be interesting is that O'Connor has already shown an interest in matters pertaining to the 4th amendment.

[George W. Bush]

In the state Supreme Court ruling, justices ruled that a simple majority vote on a tax plan was acceptable since other constitutional mandates required a balanced budget and adequate funding for public schools.

So Nevada's constitution requires both a balanced budget passed by a two-thirds supermajority and 'adequate' school funding.

Obviously, there is no legal definition of 'adequate funding' since that is a purely arbitrary judgment. Any number could be called adequate or inadequate. In this case, they chose to define 'adequate' as that number which liberals wanted anyway and refuse to compromise on. However, the supermajority requirement, an explicit number defined by their constitution, could be set aside to serve the unknown and unknowable amount for 'adequate' funding of public schools. So the definite number for the supermajority was set aside for the fictional and arbitrary number that would represent 'adequate funding'.

You know, I'll bet they thought this was clever. What a transparent sham. Obviously, if push came to shove, there would have been compromise and a supermajority would have existed. The libs just got their supreme court to willfully violate the state constitution so they didn't have to hear the howls of the teachers' union.

[ZGuy]

I'll be looking forward to seeing the change in the dem/republican elected officials ratio in Nevada after the next election. It may turn out to be a "1994" for Nevada dem. legislators.

[Alberta's Child]

This isn't just a Democrat vs. Republican issue -- I suspect the Republicans in Nevada were perfectly happy to let the state supreme court take the heat for a tax hike that they themselves didn't want to pass.

[Carry_Okie]

The U.S. District Court judges wrote in the opinion that the only federal court suitable to address the lawmakers’ claims is the U.S. Supreme Court.

I just went over some of the law on this one a couple of days ago, and IIRC this is true only upon appeal. As I understand it, without a ruling there could be no appeal, unless this involves a type of writ with which I am not familiar.

[DannyTN]

"What may be interesting is that O'Connor has already shown an interest in matters pertaining to the 4th amendment."

She's so wishy washy though. Throw up enough fog and she will go which ever way the wind blows.

I think there is a 4th amendment case too. But after reading this article, I'm not sure there is much of one.

The state constitution requires a balanced budget, adequate funding for schools (whatever that means) and a 2/3 majority vote.

The question is has enough been done, are they truly at an impass, where they can't accomplish all three, before throwing out 1 of the 3 provisions. And how does the court know enough has been done?

[qam1]

I'll be looking forward to seeing the change in the dem/republican elected officials ratio in Nevada after the next election. It may turn out to be a "1994" for Nevada dem. legislators.

Yeah but isn't Guinn a Republican leading the whole thing, Won't his actions help more Rat legislators get elected? Including helping Reid retain his Senate seat?

Does Nevada have a recall like California? Guinn has got to go.

Does Nevada have laws something like Texas that a certain number of Reps must be present to have a vote? If it does the real Republicans outta do what the Dems in Texas did and flee to Idaho or Utah, I wonder if they would be treated as heros in the press like they were in Texas? Yeah Right!!

[Ken H]

Do you mean Article IV?

Article IV Section. 4.

"The United States shall guarantee to every State in this Union a Republican Form of Government

[ZGuy]

Yes.

And to qam1 : I hadn't heard that Republicans were supporting this. If true, then $#!$@#*!!
Have you heard that this is a large number of republicans?

[Constitutionalist Conservative]

I'll be looking forward to seeing the change in the dem/republican elected officials ratio in Nevada after the next election. It may turn out to be a "1994" for Nevada dem. legislators.

Quoting from the article:

Republican Gov. Kenny Guinn, who favors higher taxes, had requested the state Supreme Court’s intervention after legislators deadlocked on a tax plan needed to balance a nearly $5 billion two-year budget.

Looks like the Arizona GOP won't come out smelling like a rose here.

[Constitutionalist Conservative]

Sorry, I missed your exchange with qam1.

[Deb]

Oh, please. Who are you trying to kid? It's always a "Democrat vs Republican issue".

The Republican legislators here in California are the only thing stopping the Gray Davis tax hike because, like Nevada and Arizona all tax increases require a super majorities and the GOP has just enough "Nay" votes to stop it.

[Ken H]

I thought that was what you meant and I agree 100%.

A State SC which voids an Amendment to the State Constitution and orders a Legislature to vote a certain way is not acting in accordance with a Republic.

SCONEV is a scofflaw court and needs to be slapped down for violating of Article IV.

[George W. Bush]

I suspect the Republicans in Nevada were perfectly happy to let the state supreme court take the heat for a tax hike that they themselves didn't want to pass.

Think about the numbers. It couldn't have been very many favoring the overrule of the supermajority requirement or they would already have had their supermajority with GOP help.

It would be interesting to know how many Dims/GOP are in the Nevada legislature.

[Alberta's Child]

See #15. The governor who asked the Supreme Court to intervene is a Republican.