The Supreme Court Unallotment Ruling

Posted by Jeff

Today the Minnesota Supreme Court Rules that Governor Tim Pawlenty overstepped his Authority by unalloting 2.7 Billion Dollars in the current budget. Of course the ruling will be misinterpreted by those on both sides of the fence.

The Minnesota Supreme Court did not rule that unallotment was unconstitutional, although two members questioned that as well, rather they ruled in this specific case the Governor created the shortfall thus cannot use the unallotment powers to reduce funds. Thus the powers of unallotment cannot be both a sword and shield.

Unallotment is a shield, if an unanticipated financial shortfall occurs while the Legislature is not in session the Governor can unallot money to allow the Government to stay afloat. However it is not a sword that can be used to dictate terms to the Legislature.

The real concern is that the Governor and the Legislature will most likely argue in the press and do little to resolve the issue, of eliminating the anticipated debt.

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