Showing posts with label Assembly. Show all posts
Showing posts with label Assembly. Show all posts

10 March 2011

Here's One to Watch: AJR 8: Power to the Governor?

Assembly Joint Resolution 8 Has Potential for Power Grab

Allows Declaration of Emergency that might be Questionable

Article IV, Section 34 of the Wisconsin Constitution  allows for the 'continuity of government' in case of enemy attack. This resolution proposed by the Assembly would modify the language to allow for natural or man-made disasters of emergencies.

"[Article IV] Section 34. The legislature, in order to ensure continuity
of state and local governmental operations in periods of emergency
resulting from enemy action in the form of an attack a severe or prolonged,
natural or human−caused, occurrence that threatens life, health, or the
security of the state
, shall (1) forthwith provide for prompt and temporary
succession to the powers and duties of public offices, of whatever nature
and whether filled by election or appointment, the incumbents of which
may become unavailable for carrying on the powers and duties of such
offices, and (2) adopt such other measures as may be necessary and proper
for attaining the objectives of this section." AJR-8

Obviously, I am not a Constitutional lawyer but this change seems to open a gateway for the declaration of emergencies that might allow for the replacement of elected officials, a declaration of a state of emergency or Lord knows what else.

The language leaves some significant questions unanswered:
  • Who decides what is severe or prolonged?
  • What is meant by threatening life, health or security of the state?
  • Which of the powers enacted in the rest of the Constitution will be activated under the continuity of government clause, such as the militia clause, Section 29?
Just last night, hundreds of protesters stormed into the Capital building and set into occupation. For four weeks, there have been thousands of protesters in and around the Capital. If this clause had been in place, would Governor Walker have been able to declare this an "occurrence" that warranted the activation of this clause? Could he have used it to replace the Democratic Senators, as their actions and those of their supporters might constitute a threat to the "security of the state?"

Before this goes to a vote of the people, many of whom are ready to cede power to the ruling Republican majority, these questions need to be answered.

01 March 2011

Unfinished Business is the Linchpin to Gov. Walker's Budget

During his address to a joint session of the State Legislature, Governor Scott Walker repeated several times that the "tools" provided by the Budget Repair Bill will be necessary for local governments to balance out the cuts proposed in his biennial budget.


The problem is that the Budget Repair Bill has not passed and soon will be a moot point.

According to Governor Walker, the changes to collective bargaining provided by the Budget Repair Bill would allow local governments to not only compensate for the cuts in state aid, but allow them a surplus that they can apply to other parts of our childrens' education.

At the same time, he proposes freeing the UW Madison and UW Milwaukee from the constraints of answering to the state. He also proposes the creation of charter schools all over the state and parents' choice in the Milwaukee area as well.

In this one man's opinion today, that is a lot to promise while cutting the budget significantly.

It remains to read in the budget what parts will work and which ones won't.

25 February 2011

Really? Welcome to the New Face of American Governance

In a body notorious for taking forever to get anything done, the Republican controlled Assembly in the Great State of Wisconsin set a new national record for passage of a bill. From calling for the vote to adjourning the assembly the entire episode takes 44 seconds.

Apparently, somebody, I don't know who, is looking at whether this is legal. Whatever they decide, this is not moral.

A quick note to the Republican officials of Wisconsin:

Dear Ladies and Gentlemen,

The actions of the Wisconsin Assembly were morally reprehensible. Similar to the attempt on the 18th of February to pass this same bill without the minority party even in the room, this action shows a deperation to avoid debate and compromise.

Please note: You, as the Republican Party in Wisconsin, have no officially vacated the moral high ground. These actions are cowardly and immature. Worse, what you did was a blot on the Great State of Wisconsin and the kind, considerate folks of this state. Any action like this from your opponents would be equally disgusting.

America is nation founded by people with opposing views. It was their constant conversation and compromise that made this the greatest govermental experiment of all time. Your actions last night at 1:00 am was patently un-American.

Sincerely yours,

Bob Peryea
One American who Believes We Must Live by a Higher Standard

Dear Reader: Please watch this and consider that this is what our government is becoming.


Governor Walker's Budget Repair Bill: Items a Reading

In the bill:

"16.896 Sale or contractual operation of state−owned heating, cooling, and power plants. (1) Notwithstanding ss. 13.48 (14) (am) and 16.705 (1), the department may sell any state−owned heating, cooling, and power plant or may contract with a private entity for the operation of any such plant, with or without solicitation of bids, for any amount that the department determines to be in the best interest of the state. Notwithstanding ss. 196.49 and 196.80, no approval or certification of the public service commission is necessary for a public utility to purchase, or contract for the operation of, such a plant, and any such purchase is considered to be in the public interest and to comply with the criteria for certification of a project under s. 196.49 (3) (b). "

No bids on multimillion dollar power and energy plants! Does this concern anyone else?


Is this truly fiscal responsibilityresponsiblity or is this cronyism to the Koch brothers and their energy company (Walker's 4th largest contributor)?