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State Representative Ryan Winkler
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-7026
For more information contact: Michael Howard 651-296-8873
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Winkler on petition: The Constitution requires compromise
State Rep. Ryan Winkler (DFL – Golden Valley) released the following statement following the petition filed this morning by the Attorney General to fund certain government services through the courts in the event of a government shutdown.
"The Minnesota Constitution requires the Legislature and the Governor to compromise and pass a balanced budget. The idea that powers should be separated into three branches, and that each branch should serve as a check on the other branches, is fundamental to our system of government. For this reason, article 11, section 1 of the Minnesota Constitution states: "No money shall be paid out of the treasury of this state except in pursuance of an appropriation by law." It is the core function of the Legislature and the Governor to jointly enact appropriations into law. These appropriations together make up the state budget. Until the Legislature and the Governor compromise and pass a budget into law, no money, whether ordered by a court or not, should be paid out of the state treasury. For this reason, the petition today asks the court to perform an unconstitutional function.
In addition, the petition submitted today goes far beyond the petition presented in 2005, the last time Minnesota faced a government shutdown. In 2005, the court appointed a special master to decide what duties carried out by the executive branch of state government were "core functions." The 2011 petition asks that the court order all of state and local government--state agencies, as well as cities, counties, school districts, and state boards, commissions, etc.—to determine their own core functions. Each of these government units then must present for payment a bill for their services to the Commissioner of Minnesota Management and Budget. This could result in almost the entire state budget being funded by the court. And if the action requested by the petition is granted, the court will assume a sweeping and unprecedented scope of power.
The Legislature, for all its present failings, is granted authority for setting spending priorities in the State of Minnesota. This authority was upheld again by the Minnesota Supreme Court in the 2010 unallotment decision, Brayton v. Pawlenty. Legislators represent all corners of Minnesota, and are directly accountable to the public through elections. The entire Legislature is subject to celebration or censure by the people on Election Day in 2012. Accountability to the people is the reason the Legislature has the sole appropriation power under the Minnesota Constitution. The court's lack of accountability for making spending decisions is why the petition filed today should be rejected by the district court.
If state officials continue to use the courts as a pressure-release valve for settling budget disputes, we will simply enable dysfunctional government to continue. The constitution requires compromise. The public demands it. The courts have no authority to let the Legislature and Governor avoid it."
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