Shutdown funding explained

  • Article by: FRED L. MORRISON
  • Updated: June 23, 2011 - 9:20 PM

What the laws of the land say about keeping the lights on in the absence of appropriations.

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alansonJun. 23, 1110:47 PM

It's interesting that Prof. Morrison's interpretation of the consitutional issues closely parallels the arguments made by the four Republican senators (recently referred back to the lower courts by the state Supreme Court). In particular he makes no direct mention of the concept of the "core" or "essential" functions that figure prominently in Atty Gen Swanson's and Gov Dayton's briefs.

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drichmnJun. 24, 11 9:04 AM

alanson, what article were you reading? The GOP's arguments said no funding at all for anything. Dayton and Swanson said that because of federal mandates and the obligation of the state to protect public safety and welfare some things were essential. And this is what Morrison says: "The U.S. Constitution is the "supreme law of the land," and its provisions prevail in a conflict with a state constitution. Even if no appropriations legislation is passed in Minnesota, certain federal requirements will provide for some of the state's pressing needs. ... Also, the state must comply with any valid federal legal requirements, including grant agreements between the federal government and the state, such as social welfare programs and highway construction projects". He is more closely paralleling Swanson and Dayton not the GOP. But I guess because he didn't use the words "core" or "essential" you don't understand that.

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mondaymornqbJun. 26, 11 7:42 PM

How refreshing to read a non-biased, clearly articulated article on a complicated issue written by a knowledgable source. Thanks to Fred Morrison for his helpful and reasonable article clarifying the finer points.

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