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CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

Inferior Third Season posted:

The real problem is that it's a fight over state law, not federal law. However, I wouldn't be surprised to see the Department of Justice get involved over the legislature trying to strip the state judiciary of power because they didn't like some judgments. That is a serious threat to the rule of law and separation of powers in general. The feds generally let the states govern themselves as they please, but I'm sure they'll step in if the solution to a state constitutional crisis is to play Game of Thrones until only one branch of the state government remains as king.

Yeah, that was my perspective as well. If the Legislature actually makes good on their threat to defund the Judiciary, I guarantee the Feds will get involved.

Its also why it probably won't happen, and the Legislature will just throw a tantrum.

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PhazonLink
Jul 17, 2010

No Butt Stuff posted:

There's a better chance that Kansas just descends into even poorer funding and continues the cycle as people move away.

Kansas gets de-populated to 0 and the flag gets a hollow star for the first ghost state.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

TapTheForwardAssist posted:

Is there any chance of a literal "Obama sends the National Guard to enforce the federal law" scenario?

If Obama is calling in the national guard to save Kansas from itself, it's after the state has already lost all federal funding and is as close to a barren wasteland as it can get without the aid of an army.

Haystack
Jan 23, 2005





Isn't the federal government was extremely limited in how much it can intervene in internal state affairs? As stupid and self destructive as the current government is, are they actually crossing any federal lines? Could the Kansas supreme court ask for arbitration?

Warcabbit
Apr 26, 2008

Wedge Regret

Haystack posted:

Isn't the federal government was extremely limited in how much it can intervene in internal state affairs? As stupid and self destructive as the current government is, are they actually crossing any federal lines? Could the Kansas supreme court ask for arbitration?

Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Miiiight fit under the first clause there. Might not.

Morrow
Oct 31, 2010
It's actually an interesting issue, because generally all the state governments have loosely been organized the same as the federal, with multiple branches of government that share power and check each other. The question is at what point could a state move far enough from a "Republican" government that there would be pressure to step in, which differs depending on how "Republican" is interpreted (just vaguely democratic or with a working system of checks and balances).

Boon
Jun 21, 2005

by R. Guyovich
I would love to see a state institute a monarchy and have this experiment come full circle.

Tacky-Ass Rococco
Sep 7, 2010

by R. Guyovich

Boon posted:

I would love to see a state institute a monarchy and have this experiment come full circle.

Under an originalist interpretation of the Constitution, a monarchy ought to be OK, so long as the monarchy is sufficiently close in structure to one of the Serene Republics, like Poland-Lithuania or Venice.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Boon posted:

I would love to see a state institute a monarchy and have this experiment come full circle.

New Hampshire should switch over to a Parliament while Vermont can have the elected for life King of the Maplewood as their sovereign.

paragon1
Nov 22, 2010

FULL COMMUNISM NOW

Gyges posted:

New Hampshire should switch over to a Parliament while Vermont can have the elected for life King of the Maplewood as their sovereign.

Choosing anyone besides Vermin Supreme would be utter madness.

LGD
Sep 25, 2004

Warcabbit posted:

Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Miiiight fit under the first clause there. Might not.

I'm pretty sure it directly runs afoul of the first section of the 14th Amendment. Take your pick of some combination of the Privileges or Immunities clause, the Due Process Clause and the Equal Protection clause. Without getting into what exactly what the Privileges of a citizen are, I think most people can see that it would obviously raise huge due process and equal protection issues. A defunding provision directly interferes with procedural due process, because it completely removes the court's ability to act as a neutral decision maker, and it also directly interferes with the rights of citizens to receive substantive due process, as at a minimum you're directly interfering with every citizen's ability to access their incorporated 6th Amendment rights. The legislation also denies everyone within the state the protection of the law.

I mean I'm very much not a lawyer and don't know which of these arguments they'd favor, but it seems like this should pretty much be a legal slam dunk in federal court.

rscott
Dec 10, 2009
The state legislature's response to the Supreme Court ruling is to introduce an amendment to the state constitution to prevent the shutdown of the school systems because gently caress actually fixing the problem

fordham
Oct 5, 2002

Your argument is invalid.
Exciting Lemon

rscott posted:

The state legislature's response to the Supreme Court ruling is to introduce an amendment to the state constitution to prevent the shutdown of the school systems because gently caress actually fixing the problem

Fixing problems costs money. Ignoring them costs nothing (in the short term, just everything long-term but who cares).

Kilroy
Oct 1, 2000

Morrow posted:

It's actually an interesting issue, because generally all the state governments have loosely been organized the same as the federal, with multiple branches of government that share power and check each other. The question is at what point could a state move far enough from a "Republican" government that there would be pressure to step in, which differs depending on how "Republican" is interpreted (just vaguely democratic or with a working system of checks and balances).
Kansas' government is Republican, though. Terrifically so.

MC Nietzche
Oct 26, 2004

rscott posted:

The state legislature's response to the Supreme Court ruling is to introduce an amendment to the state constitution to prevent the shutdown of the school systems because gently caress actually fixing the problem

Kansas needs to pull up they're reaching so far back they might bring back slavery (just of educators though).

Anubis
Oct 9, 2003

It's hard to keep sand out of ears this big.
Fun Shoe
10 days until the lockout begins. Looks like Johnson county is going to have to give up it's hopes for a hold harmless provision since people seem to believe it'd likely be ruled unconstitutional. Still no plan from the Republican side, they have already rejected the Dems plan out of hand.

Eggplant Squire
Aug 14, 2003


How much longer can this go on? I feels like they've been circling the drain forever.

Cythereal
Nov 8, 2009

I love the potoo,
and the potoo loves you.

Radish posted:

How much longer can this go on? I feels like they've been circling the drain forever.

To borrow a phrase from the Freep thread, there is always more and it is always worse.

Redeye Flight
Mar 26, 2010

God, I'm so tired. What the hell did I post last night?
It can go on until the locals get the stones to tell the government to gently caress off and elect someone who will unfuck the state, or until it gets so bad that the federal government has to intervene.

We have absolutely no idea how long it'll be until one or the other can happen. Nothing like this has ever been done in this country before.

Eggplant Squire
Aug 14, 2003


Yeah I highly doubt these people will vote against these idiots no matter how bad it gets. I think it's more likely they vote for an even more right wing person to conservative harder and fix everything. It's more I'm wondering how terrible the situation gets before someone higher up the chain (so Federal) says enough is enough or if that is even constitutional. Like if the public schools entirely shut down or the police can't be paid what happens?

Babylon Astronaut
Apr 19, 2012
Democrats don't even run in this state. There is no one who will unfuck Kansas.

Boon
Jun 21, 2005

by R. Guyovich
If a recent visit by my uncle is anything to go off of, the people of Kansas are breathtakingly broken in their political beliefs.

TapTheForwardAssist
Apr 9, 2007

Pretty Little Lyres
What would "intervention" even look like? Federal financial buyout? Appointing federal overseers who have to sign off on financial decisions? Cutting off their federal funding so they're even more totally hosed? I still think sending in the National Guard and running KS like Iraq in late 2003 would be the most amusing option but probably not politically feasible.

I need to go check on Free Republic to see how the far-right is interpreting their noble struggle against Big Government.

EDIT: Welp,

quote:

In the end, I believe the goals of the Brownback administration are going exactly to plan – starve the state of resources to the point where it just makes sense to turn over critical government functions to for-profit entities.

quote:

In other words, primarily because liberals will not accept that they lost an election, they refuse to allow us to have a predictable and stabile economic environment...they create chaos and blame Brownback.

quote:

And given that the corrupt Washington cartel is taxing and spending for many things that it cannot justify under Congress’s Section 8-limited powers, unconstitutional federal taxation gets us back to Kansas.

More specifically, consider that while Kansas cut taxes to try to boost its economy, Kansas, like all the other states, continues to arguably lose state revenues because of unconstitutonal federal taxes that its citizens are paying, taxes that corrupt Congress spends on things that it cannot justify under its Section 8-limited powers as previously mentioned.

So given that things might have turned out differently for Kansas if the feds weren’t stealing state revenues through unconstitutional taxes, the pro-tax comparison of California taxes versus Kansas taxes might not hold water.

quote:



Good riddance.

The welfare/healthcare industrial complex is squealing as the Governor brings and an end to the welfare state in Kansas.

Governor Brownback is pushing people out of welfare and into jobs.....what a crime against humanity.

quote:

As a Kansas taxpayer who finally caught a break due to Brownback's tax cut plan, I say "thank you" Gov. Sam. You have made it a bit easier for me to pay my bills.

And for those little piggies at the teat who are upset because the mother sow is giving away less milk, I shed crocodile tears.

TapTheForwardAssist fucked around with this message at 17:18 on Jun 20, 2016

CommieGIR
Aug 22, 2006

The blue glow is a feature, not a bug


Pillbug

TapTheForwardAssist posted:

What would "intervention" even look like? Federal financial buyout? Appointing federal overseers who have to sign off on financial decisions? Cutting off their federal funding so they're even more totally hosed? I still think sending in the National Guard and running KS like Iraq in late 2003 would be the most amusing option but probably not politically feasible.

I need to go check on Free Republic to see how the far-right is interpreting their noble struggle against Big Government.

EDIT: Welp,

The only problem with this plan is most of the For-Profits are fleeing as fast as possible from that trainwreck because there is almost no profit to be had.

Cythereal
Nov 8, 2009

I love the potoo,
and the potoo loves you.

TapTheForwardAssist posted:

What would "intervention" even look like? Federal financial buyout? Appointing federal overseers who have to sign off on financial decisions? Cutting off their federal funding so they're even more totally hosed? I still think sending in the National Guard and running KS like Iraq in late 2003 would be the most amusing option but probably not politically feasible.

I need to go check on Free Republic to see how the far-right is interpreting their noble struggle against Big Government.

EDIT: Welp,

Conservatism cannot fail, it can only be failed, either through liberal sabotage or because you weren't conservative enough.

PhazonLink
Jul 17, 2010

CommieGIR posted:

The only problem with this plan is most of the For-Profits are fleeing as fast as possible from that trainwreck because there is almost no profit to be had.

Reminder there was another shithole state that lost a car plant because the car company was wasting too much money on teaching basic reading skills/making picture book instruction manuals just for this plant.

*goes more conservative, gets feral serfdom *

Making jobs for anthropologists.

fordham
Oct 5, 2002

Your argument is invalid.
Exciting Lemon

quote:

And given that the corrupt Washington cartel is taxing and spending for many things that it cannot justify under Congress’s Section 8-limited powers, unconstitutional federal taxation gets us back to Kansas.

More specifically, consider that while Kansas cut taxes to try to boost its economy, Kansas, like all the other states, continues to arguably lose state revenues because of unconstitutonal federal taxes that its citizens are paying, taxes that corrupt Congress spends on things that it cannot justify under its Section 8-limited powers as previously mentioned.

So given that things might have turned out differently for Kansas if the feds weren’t stealing state revenues through unconstitutional taxes, the pro-tax comparison of California taxes versus Kansas taxes might not hold water.

Somebody is a little butthurt about federal taxes. How do you read through that crap even just to pull quotes?

got any sevens
Feb 9, 2013

by Cyrano4747

CommieGIR posted:

The only problem with this plan is most of the For-Profits are fleeing as fast as possible from that trainwreck because there is almost no profit to be had.

So is it just going to end up as State Monsanto and be run by like 50 guys and automation?

DeathSandwich
Apr 24, 2008

I fucking hate puzzles.

effectual posted:

So is it just going to end up as State Monsanto Toecutter and be run by like 50 guys and automation diesel fuel?

I feel like the ultimate endpoint of this is more Mad Max than Corporate Feudalism.

Crowsbeak
Oct 9, 2012

by Azathoth
Lipstick Apathy
I think my favorite is the guy accusing liberals of deliberately sabotaging their economy. I swear some of them sound like they could be mouthpieces for Maduro's government in Venezuela.

punk rebel ecks
Dec 11, 2010

A shitty post? This calls for a dance of deduction.

Crowsbeak posted:

I think my favorite is the guy accusing liberals of deliberately sabotaging their economy. I swear some of them sound like they could be mouthpieces for Maduro's government in Venezuela.

Horseshoe theory.

TapTheForwardAssist
Apr 9, 2007

Pretty Little Lyres

fordham posted:

Somebody is a little butthurt about federal taxes. How do you read through that crap even just to pull quotes?

poo poo, I've been surfing Freep and mocking it on SA like back before the 2008 election, back before we lost our mod in Benghazi.

fordham
Oct 5, 2002

Your argument is invalid.
Exciting Lemon

TapTheForwardAssist posted:

poo poo, I've been surfing Freep and mocking it on SA like back before the 2008 election, back before we lost our mod in Benghazi.

Do you miss your soul and humanity?

TapTheForwardAssist
Apr 9, 2007

Pretty Little Lyres

fordham posted:

Do you miss your soul and humanity?

Lost it in an ambush in Diwaniyah Valley in April 2003. That's why I switched to doing green energy in rural Africa these days.

Arglebargle III
Feb 21, 2006

Any more news about this?

Twinty Zuleps
May 10, 2008

by R. Guyovich
Lipstick Apathy
Fireworks start on July 1st.

SalTheBard
Jan 26, 2005

I forgot to post my food for USPOL Thanksgiving but that's okay too!

Fallen Rib

Arglebargle III posted:

Any more news about this?

KS Democrats are actually doing things. They sent a letter to Brownback calling for a Special Session of the legislature and amazingly Brownback had an idea to call one. Ahead of that session the Democrats also proposed this:

quote:

Kansas Democratic leaders unveiled a list of budget cuts Friday that they said would pay for a school finance fix and prevent school closures next month.

The proposal would take money from a job creation program and direct it to school funding. It was criticized by Republicans, who have yet to release their own plan.

It came during a hectic day in which lawmakers weighed a proposed amendment to the state’s constitution; talked about how schools would have been funded under the state’s original, pre-Civil War Wyandotte constitution; and debated whether a request by Johnson County school districts would be constitutional.

The vice president of the Kansas Senate also suggested that $25 million could be diverted from highway projects in southeastern Kansas to help pay for a school finance fix, an idea which drew immediate opposition from Gov. Sam Brownback.

Lawmakers are set to return to Topeka for a special session Thursday. They face a June 30 deadline from the court to fix inequities in school funding or risk a shutdown of the state’s school districts.

Democratic cuts

Democrats say they’ve identified more than $39 million to cover the cost of restoring the state’s old school funding equalization formula, an option the court has said would satisfy its order.

“We knew if we put out the plan, the first question that would be asked is ‘Where are you going to get the money?’” said Senate Minority Leader Anthony Hensley, D-Topeka. “So what we’re doing is presenting a plan that shows where we’re going to get the money.”

The state faces a budget hole for the current year, which has made Republicans reluctant to embrace new spending.

The Democrats’ plan would take $13 million from a job creation program run by the Kansas Department of Commerce and tap $3 million from Temporary Assistance to Needy Families, more commonly known as welfare.

The rest of the money would come from within the state’s education system, freezing virtual school funding at the 2014-15 level to save $7.3 million and tapping all $15.2 million in the state’s K-12 extraordinary needs fund, a pool of money meant to help districts cope with unexpected financial crises.

The Democrats also would repeal a program that gives tax breaks to corporations that donate to private school scholarship funds, freeing up another $750,000.

Sen. Laura Kelly, D-Topeka, the ranking Democrat on the budget committee, said that because of the “management of the budget in the past few years, we had very few options.”

The governor’s office and House Republicans attacked the plan almost immediately on social media and in e-mails to reporters, saying it would put jobs at risk.

“The Governor does not support the Democrats’ proposal as it would endanger several thousand Kansas jobs by taking aim at the Job Creation Fund, money with existing binding obligations to businesses that have created or retained jobs like Amazon, Goodyear and an aviation company in Wichita,” said Eileen Hawley, the governor’s spokeswoman. “The proposed action would also negatively impact an upcoming announcement creating a large number of new jobs.”

Brownback has endorsed spending $38 million to fix school finance, but has not yet said where he wants to find the money.

House Speaker Ray Merrick’s office mocked the Democrats’ proposal in a statement.

“While it’s nice that the Democrats finally came up with an idea other than voting no, their plan would force the state of Kansas to break binding commitments already made with job creators, which is at odds with their claims of support for working Kansans,” the statement said.

“Republicans are putting together a solution that releases Kansas children from their judicial hostage takers and makes sure students will be back in classrooms this fall without killing the jobs they need after graduation.”

Merrick’s office did not specify what that solution would be.

Looking at highways

During a Friday hearing, Senate Vice President Jeff King, R-Independence, said lawmakers could divert $25 million set aside for an upgrade of U.S. 69 in southeast Kansas to provide the equalization aid for poor school districts.

Brownback’s administration had delayed the highway project, but announced recently it would go forward, a move Democrats claim was intended to boost Sen. Jacob LaTurner, R-Pittsburg, in a competitive Senate race. LaTurner disputes the Democrats’ assertion.

King called the highway project “the most prominent piece of new spending” authorized since the court decision was released May 27 and said that right now the school finance fix should be the state’s “highest spending priority.”

Sen. Julia Lynn, R-Olathe, endorsed the idea, saying that kids are more important than roads.

Brownback’s office quickly came out against it, saying the governor “believes that funding for Highway 69, which has been funded from KDOT operational savings and efficiencies, should remain intact.”

LaTurner also panned the idea. “Highway 69 and the people of southeast Kansas are not the enemy,” he said. “…This is a terrible idea.”

Ann Williamson, a spokeswoman for the Kansas Department of Transportation, said in an e-mail that only sales tax revenue can be transferred out of the highway fund and all of that has already been used for 2016 and 2017.

“There isn’t $25 million currently available to transfer,” she said. “The U.S. 69 project is moving forward because the cost will be paid out over several years using multiple revenue sources.”

LaTurner said he supports spending the full $38 million, but he did not say where the money should come from.

Hold harmless

A significant portion of the meeting of the House and Senate judiciary committees centered on whether to prevent any district from losing funding in a school finance fix — in other words, to hold all schools harmless.

Although 144 school districts would see gains if the state returns to the old equalization formula, another 96 districts, including several in Johnson County, the state’s most populous county, would lose money.

Passing a bill without support of the 34-member Johnson County delegation, the biggest in the Legislature, would be difficult. Superintendents from five districts in that county have asked lawmakers to include a “hold harmless” provision in any solution.

The court rejected a bill passed by the Legislature in March that included such a provision, saying that it helped increase gaps between school districts by allowing the rich districts to also increase their local property tax revenue.

Rep. Erin Davis, R-Olathe, asked an attorney for the state if would be possible to craft a hold harmless provision that could pass court muster. He declined to give a definitive answer.

Rep. James Todd, R-Overland Park, recommended that a “hold harmless” provision could be paired with a severability clause. That would allow the court to scrap it if necessary without rejecting the entire bill.

Several lawmakers said this still posed too great a risk because the court ultimately decides whether provisions are severable and could still reject a bill with a hold harmless provision.

“We do not have the luxury of having a Plan B,” said Rep. Steve Becker, R-Buhler, a retired judge. “What we submit to the court must pass constitutional muster.”

Constitutional amendment

Lawmakers also weighed whether to amend the constitution to prohibit courts from issuing decisions that would threaten to close schools in the future.

Supporters say this would protect schoolchildren from being adversely impacted by litigation. Opponents say it would eliminate the court’s ability to enforce the state’s constitutional requirement for suitable education funding.

The Senate Judiciary Committee passed a recommendation that the committee take that up in the special session. The House Judiciary Committee voted to make no recommendation.

An amendment would go on the November ballot if it received approval from two-thirds of each chamber of the Legislature. It would be enacted if a majority of voters approved it.

Almost immediately the KS GOP came out against it. 10 days is when poo poo pops off

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK
So the Democrats' plan is to cut roads, education, and welfare to fix the schools. In response the Republicans defended those budgets and mocked the idea of cutting the funds.

What kind of bizarro land of insanity has Brownback sunk Kansas into?

Old James
Nov 20, 2003

Wait a sec. I don't know an Old James!

quote:

The Democrats also would repeal a program that gives tax breaks to corporations that donate to private school scholarship funds, freeing up another $750,000.

Wow, a tax break for donating to a private school? That sounds vile. Anyone have more detail, I'm sure it is written so that the CEO can write a scholarship to fund his son's private school education and get a tax break for it while helping to defund public schools in the process.

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Anubis
Oct 9, 2003

It's hard to keep sand out of ears this big.
Fun Shoe

Old James posted:

Wow, a tax break for donating to a private school? That sounds vile. Anyone have more detail, I'm sure it is written so that the CEO can write a scholarship to fund his son's private school education and get a tax break for it while helping to defund public schools in the process.

What the hell do you think an "online school" is but a private for profit org (or church that runs itself like a for profit). Brownback really wants to privatize our schools, so of course the Dem plan was a non starter.

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