Petition for Writ of Quo Warranto - Minnesota State Legislature

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"core function" and fund it without s_howing a lack ofrespect for the legislature. Fourth, it is impossible for the district court to define core function without making an initial policy decision - which is left to the sole discretion ofthe legislature. Fifth, there is an unusual need in this setting to ensure the Minnesota constitution regarding appropriations is followed. Sixth, the district court does not have expertise in appropriations - so there is danger ofpotential embarrassment for several agencies ofgovernment and for beneficiaries ofcertain government programs ifthey are not deemed by the Court as "core functions." 101. In 2001 and 2005 Governors Ventura and Pawlenty convened a special session, and when no resolution occurred commenced a state court action. In 2011, like in 2001 and 2005, the choice not to reach an accord regarding appropriations was that of both the executive and legislative branches. Unlike 2001 and 2005, Governor Mark Dayton has not chosen to call a special session. He does not have to. But like 2001 and 2005, in 2011 it is evident the court is a pawn in a political chess game. Their inability to reach an accord allows the court to operate the government through the power ofthe purse. The republican form ofgovernment has become the despotic government Thomas Jefferson feared: All the powers ofgovernment, legislative, executive, and judicial, result to the legislative body. The concentrating these in the same hands is the precise definition ofa despotic government. It will be no alleviation that these powers will be exercised by a plurality ofhands and not a single one. 40
Jefferson, Notes on Virginia, p. 195; Story, Const. Law, vol. 1, § 525. 97 The lower court has no role in the budget dispute between the legislative and executive branches ofMinnesota's government. B. Three exceptions exist to the requirement for an annual Legislative appropriation: Minnesota constitutional mandate; Minnesota statutes requiring perennial funding; and federal mandates. 102. The Petitioners are not arguing in this Petition that annual appropriations are required to disburse all state funds. In fact, three exceptions exist: Minnesota constitutional mandates, Minnesota statutes requiring perennial funding and federal mandates. 103. First, there are provisions within the Minnesota Constitution which likely require state funds to be disbursed even in the absence ofannual legislative appropriations. These might include Article 5, § 4, funding salaries ofexecutive officers (the governor, lieutenant governor, secretary ofstate, auditor, and attorney general); Article 6, § 5, funding compensation for judges; Article 11, § 7, funding state bonds and debt payments on bonds; Article II, § 8, funding ofa permanent school fund; and Article 11, § 14, requiring funding ofan environmental and natural resources fund. Here, the Executive branch may have the constitutional authority to disburse funds absent an annual legislative appropriation. 97 Brill, 111 N.W. at 640-41. 41
Page 2 and 3: TABLE OF CONTENTS PURPOSE OF PETITI
Page 4 and 5: C. The Attorney General's "core fun
Page 6 and 7: INTRODUCTION 1. Minnesota's executi
Page 8 and 9: JURISDICTION The Supreme Court has
Page 10 and 11: ISSUES PRESENTED 1. Article XI requ
Page 12 and 13: STATEMENT OF FACTS Minnesota's fail
Page 14 and 15: 15 fd. Governor vetoed in 2011, Min
Page 16: Moneys appropriated in 2009 Minn. L
Page 19 and 20: 29. For instance, on May 21,2001, t
Page 21 and 22: 38. Similar to 2001, the court orde
Page 23 and 24: exigent ofcircumstances" to justify
Page 25 and 26: an appropriation by law. The need f
Page 27 and 28: lost because the judiciary has usur
Page 29 and 30: The Court stated that a single legi
Page 31 and 32: generallY recognized that a taxpaye
Page 33 and 34: While the consent ofthe attorney ge
Page 35 and 36: circumstances test, however, do not
Page 37 and 38: General Assembly enacted an executi
Page 40 and 41: the constitution grants the Governo
Page 42: fund that state program. But what c
Page 47 and 48: Commissioner is to credit revenue f
Page 49 and 50: Supremacy Clause applies. However,
Page 51 and 52: 118. For example, the state is requ
Page 53: C. The Attorney General's "core fun
Page 56 and 57: 131. State statutes are explicit in
Page 58 and 59: appropriate state funds. Because th
Page 60 and 61: PRAYER FOR RELIEF For the foregoing

Petition for Writ of Quo Warranto - Minnesota State Legislature

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