Tuesday, June 13, 2006

Legislative TEL Unenforceable?

Here's a story from The Plain Dealer that I missed last week (Hat Tip: The Buckeye Institute):

Ohio's new law to limit state spending is unenforceable, according to a new analysis by legislative researchers.

What matters, according to the analysis, is that the new spending cap contains no provision for enforcing the limit.

Because state spending is a purely legislative function, the constitutional doctrine of separation of powers does not allow the courts to intervene when the cap is exceeded, the memo says.

"Can the General Assembly be forced to comply with this self-imposed limitation?" the analysis asks. "Probably not."

If true, the TEL sellout would become even more intolerable. Are Republicans in the General Assembly so jaded that they could devise a bill purposefully designed to fail?

We were told that the TEL constitutional amendment's passage would be a lawyer's dream -- it appears that its legislative alternative has produced the same result.

NOTE: Crossed-posted to Right Angle Blog.

5 comments:

BizzyBlog said...

This is so ridiculous that I have officially tuned out of it to keep from losing it.

Nothing changes the fact the local straitjackets in TEL would have killed it, I'd say 70-30. No one would have supported it, and taking it off the ballot prevented a major Blackwell embarrassment.

That said, IF what PD and BI says is true, and no one else has brought it up until now, either everybody involved is dumb as heck, or this was a cynical exercise in placating TEL supporters after realizing (correctly) that the initiative was going to go down in flames.

Which is why I'm going back to tuning out. I'll care about the gov race on about October 20.

Steven J. Kelso Sr. said...

Unfortunately, there is now no way to test your prediction -- a prediction belied by all polls taken on the issue.

BizzyBlog said...

Once people knew what it was going to do locally, it would have been toast.

I still don't understand why local TEL was needed when Colorado has never had one.

cbaus said...

I was gone over the weekend, but posted about this yesterday. Figured it was old news even when I did it, but maybe others missed it too!

http://blackswampconservative.blogspot.com/2006/06/surprise-surpriseor-not.html

BizzyBlog said...

Yes, Chad and it was a good one. It was so good it made me decide to tune out of the gov race until mid-October lest I end up in a rubber room.