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.