Democrats respond to Cumberland University ruling. I beg to differ!
Here is the press release:
Democratic Chair responds to court ruling against Senator Williams
FRANKFORT – Kentucky Democratic Party Chair Jennifer Moore issued this statement regarding Judge Roger Crittenden's ruling that there is "no question" a $10 million appropriation of tax dollars to the privately-owned University of the Cumberlands, earmarked in the state budget by Senate Republican President David Williams, violates Kentucky's Constitution.
"Once again, a court has determined that actions by Senator Williams violate the Kentucky Constitution. From the beginning, Democrats fought against this outrageous and blatantly self-serving appropriation by Senator Williams because it is unconstitutional.
"This is just another example of Senator Williams behaving as if he is not subject to the laws that every other citizen of the Commonwealth is subject to. Kentuckians deserve better."
Comment: I beg to differ with the Democrat's attempt to pin the blame for the ruling on Senator David Williams, and to divert attempt from those who voted for the enabling legislation, Democrats and Republicans.
There is NO way Republicans ALONE could have voted to pass the bill in the House. It is an IMPOSSIBILITY since Democrats are a CLEAR MAJORITY!!
Democratic Chair responds to court ruling against Senator Williams
FRANKFORT – Kentucky Democratic Party Chair Jennifer Moore issued this statement regarding Judge Roger Crittenden's ruling that there is "no question" a $10 million appropriation of tax dollars to the privately-owned University of the Cumberlands, earmarked in the state budget by Senate Republican President David Williams, violates Kentucky's Constitution.
"Once again, a court has determined that actions by Senator Williams violate the Kentucky Constitution. From the beginning, Democrats fought against this outrageous and blatantly self-serving appropriation by Senator Williams because it is unconstitutional.
"This is just another example of Senator Williams behaving as if he is not subject to the laws that every other citizen of the Commonwealth is subject to. Kentuckians deserve better."
Comment: I beg to differ with the Democrat's attempt to pin the blame for the ruling on Senator David Williams, and to divert attempt from those who voted for the enabling legislation, Democrats and Republicans.
There is NO way Republicans ALONE could have voted to pass the bill in the House. It is an IMPOSSIBILITY since Democrats are a CLEAR MAJORITY!!
Labels: Keeping them honest
posted by KYJurisDoctor at 9:38 PM
3 Comments:
The appropriation is clearly unconstitutional:
Kentucky Constitution
Section 171
State tax to be levied -- Taxes to be levied and collected for public purposes only and by general laws, and to be uniform within classes -- Classification of property for taxation -- Bonds exempt -- Referendum on act classifying property.
The General Assembly shall provide by law an annual tax, which, with other resources, shall be sufficient to defray the estimated expenses of the Commonwealth for each fiscal year. Taxes shall be levied and collected for public purposes only and shall be uniform upon all property of the same class subject to taxation within the territorial limits of the authority levying the tax; and all taxes shall be levied and collected by general laws.
Kentucky Constitution
Section 189
School money not to be used for church, sectarian, or denominational school.
No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school.
As a strict constructionist I believe that federal and state judges should apply the "clear intent' of a statute or constitutional provision and not substitute their personal opinions , religious beliefs or political preferences for those of the Legislature or a Constitutional Convention!
I know. But what "I beg to differ" on is how Democrats have suddenly and CONVENIENTLY developed AMNESIA, in order to deflect responsibility for the UNCONSTITUTIONAL act!
They are Democrats after all!
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