The call for the impeachment of Richard Nixon was determined by the provision in the United States Constitution. Barbara Jordan, stated , she had "faith in the Constitution is whole, it is complete, it is total. I am not going to sit here and be an idle spectator to the diminution, the subversion, the destruction of the Constitution." She had full faith in the Constitution, and no one not even the President of the United State, if he had violated the Constitution, should be allowed to subvert the law of the land.
The opponent of the House Bill 1008 has gone to Indiana Supreme Court, to ask that the Legislators not subvert its constitution,with special legislation even if the governor believes that Indiana has hit the lottery with the Toll Road sale or lease, is a good thing.
There are obvious issues that are in dispute, whether or not it is a public lawsuit, or if there is special legislation to provide rewards to specific county that may or may not been added to encourage passage of the bill in the senate.
The Supreme Court handed down its ruling.
Indiana Supreme Court affirmed the decision of the trial court. The court argued the separate of power in refusing to substitute its' own judgment on the decision of the general assembly legislative power to select the seven counties for the funding.
--The separation of powers doctrine ensures that the fundamental functions of each branch of government remain inviolate. The legislative branch generally has con-trol over appropriations. While we may find [the legislature’s appropriations de-cision] to be intolerable, we would find it even more intolerable for the judicial branch of government to invade the power of the legislative branch. . . . While there are special situations when the courts can and should order the expenditure of funds, specific appropriation to fund a statutory right, not involving constitu-tional rights or judicial functions, is normally beyond our powers to order.--
Ruling that it is not special legislation because it was not just one county, but that HEA 1008 appropriation of funds would have a statewide impact, that involved than one local area in the state. Also the economy development was not separate funding , but was included in the funds for construction improvement such as highways, roads and bridges, just handled differently.
The ambiguous as to whether or not it is a lease or a sale, was not addressed because it was not dispositive of the contention about a violation of the Constitution Section 2. However, the deal escaped taxation because the toll road itself was for a public purpose, it did not matter that the (owner)lessee was private.
The issue of public debt or state debt, the opinion explained that agency's like IFA,debts are not state debts and the agencies are liable to creditors if the bonds are not paid back, and the state is exempt from creditor. The state has insulated itself from creditors by granting such authority to these agencies to acquire such bonds. The agency are limited on how much debt they can take on.
-- We have before us just the old question of a public debt. For my own part I am not of that school which believes a public debt a public blessing.
Sir, if there is any question settled by the people of Indiana, it is this, that they will pay off the debt which now hangs over them, and by this new Constitu-tion forever prohibit the contracting of a new one, except in the single case of in-surrection or invasion by an enemy. This I believe to be distinctly the voice of the people of Indiana, and until this evening I had not supposed that there were five men in this Convention who would vote for the power of creating a State debt in any manner, or under any form, or for any purpose.
Debates, supra at 659-60 (Delegate Read, Monroe).--
Governor Daniel expressed pleasure to Charley Butcher on WOWO talkradio about the decision made by Indiana Supreme Court. At a little before 7:11 a.m. Wednesday Morning, Daniels expressed his pleasure with the decision by Indiana Supreme Court that will bring jobs to Indiana without having to raise taxes and improve the infrastructure for Hoosier’s kids.
Daniels spoke on his visit to Japan and next week a visit to Korea for selling Hoosiers to Asian companies with money to invest. Daniels stated when in Korea he will visit with troops on his business trip.
For the opponents, it is now left up to them to oust those legislatures who voted for this deal in the next election.
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