Petition for Writ of Quo Warranto - Minnesota State Legislature

fund that state program. But what constitutes an essential service or "core function"
depends largely on political, social and economic considerations, not legal ones. What
might constitute a "core function" or "core service" is a nonjusticiable political question.
95. As one court observed, "[w]hat constitutes an essential service [or "core
function"] depends largely on political, social and economic considerations, not legal
ones.,,94 The courts simply are not equipped to decide these political questions.
Therefore, the power to appropriate funds is confidedto the competency ofthe legislative
branch and the questions regarding disbursing state funds nonjusticiable from the court's
standpoint. 95
96. Whether the public weal demands monetary support for state programs or
agencies, even temporarily support, they are political questions which are for debate
within the legislative department ofthe government. In acting on what would otherwise
be biennial budget requests, the district court judge would, per se, be injected into the
political side ofthe legislative and executive branches ofgovernment. The wisdom of
fiscal policy and appropriation ofrevenue is outside the purview ofjudicial authority.
97. The issues presented in the instant Petition are constitutional issues. But the
underlying cause is - the Attorney General's Petition for the court to disburse moneys
for state programs or agencies without an appropriation by law and thereby injecting the
court into political questions that are not justiciable.
94 Fletcher v. Commonwealth, 163 S.W.3d 852, 860 (Ky. 2005).
95See State ex reI. Swiggum v. Hanson, 732 N.W.2d 312,322-23 (Minn. App. 2007.
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