Congress takes aim at Blago

[Ender]

link

Have Illinois legislators read the draft stimulus bill? They might want to:
None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois.

I’m unaware of any previous case of the Congress dangling a bag of money over state legislators’ heads like this before. I’d also be surprised if it fails, no matter how commanding Blagojevich looks on “The View.” Illinois is not really in the position to turn down cash right now.

Setting aside the fact that we need to toss Blago out on his ass, is that even legal? To deny federal funds to the state unless their politicians are approved of by the federal level? That seems like a pretty hefty violation of the rights of the voters to select elected officials, because even though Blago is a crook, it sets a real nasty precedent.

[Mr Bean]

Setting aside the fact that we need to toss Blago out on his ass, is that even legal? To deny federal funds to the state unless their politicians are approved of by the federal level? That seems like a pretty hefty violation of the rights of the voters to select elected officials, because even though Blago is a crook, it sets a real nasty precedent.

Well if the Illinois senate could move faster than the shambling zombie like gant of a hundred odd octogenarians then perhaps they would have a new goverenor by now because Impeach perceedings would be wrapped out already yes?

Or perhaps not.

[CmdrWilkens]

link

Have Illinois legislators read the draft stimulus bill? They might want to:
None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois.

I’m unaware of any previous case of the Congress dangling a bag of money over state legislators’ heads like this before. I’d also be surprised if it fails, no matter how commanding Blagojevich looks on “The View.” Illinois is not really in the position to turn down cash right now.

Setting aside the fact that we need to toss Blago out on his ass, is that even legal? To deny federal funds to the state unless their politicians are approved of by the federal level? That seems like a pretty hefty violation of the rights of the voters to select elected officials, because even though Blago is a crook, it sets a real nasty precedent.

Its probably not legal:

No bill of attainder or ex post facto Law shall be passed.

Passing judgement on a party for association with a third party...without a court conviction of that third party, that would certainly seem to qualify the provisions related to the State of Illinois as a Bill of Attainder. The problem is I'm not sure if it would be the State or Blago who would have standing to request an injunction and/or voiding of the relevant provision.

[The Original Nex]

It's curious that the lawyers even let them stick that in there. I would think the most they could do is release the funds to the State Legislature, rather than the Governor's office if they really don't want Blago getting his hands on it.

[Dominus Atheos]

link

Have Illinois legislators read the draft stimulus bill? They might want to:
None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois.

I’m unaware of any previous case of the Congress dangling a bag of money over state legislators’ heads like this before. I’d also be surprised if it fails, no matter how commanding Blagojevich looks on “The View.” Illinois is not really in the position to turn down cash right now.

Setting aside the fact that we need to toss Blago out on his ass, is that even legal? To deny federal funds to the state unless their politicians are approved of by the federal level? That seems like a pretty hefty violation of the rights of the voters to select elected officials, because even though Blago is a crook, it sets a real nasty precedent.

It's the federal government's money, they have every right to decide how it should be spent. Just like how Bush said no federal funds for any sex ed program that teaches safe sex, or No Child Left Behind, which distributes money only to the best performing schools. In all the criticism of those ideas, no one was calling them illegal.

[Ender]

link

Have Illinois legislators read the draft stimulus bill? They might want to:
None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois.

I’m unaware of any previous case of the Congress dangling a bag of money over state legislators’ heads like this before. I’d also be surprised if it fails, no matter how commanding Blagojevich looks on “The View.” Illinois is not really in the position to turn down cash right now.

Setting aside the fact that we need to toss Blago out on his ass, is that even legal? To deny federal funds to the state unless their politicians are approved of by the federal level? That seems like a pretty hefty violation of the rights of the voters to select elected officials, because even though Blago is a crook, it sets a real nasty precedent.

It's the federal government's money, they have every right to decide how it should be spent. Just like how Bush said no federal funds for any sex ed program that teaches safe sex, or No Child Left Behind, which distributes money only to the best performing schools. In all the criticism of those ideas, no one was calling them illegal.

Yes, but those policy decisions did not in effect punish the inhabitants of a state for their legally elected political leaders. Thats what this is. Blago is dirty as fuck, but this is essentially "You have this guy as governor? Fine, no funding until you elect someone we like", which is a pretty hefty boot to the groin to the democratic process. I'm not saying it is illegal - I asked the question because I don't know. But it strikes me as really wrong.

[White Haven]

§ 158. National minimum drinking age

(a) Withholding of Funds for Noncompliance.—
(1) In general.— The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under each of sections 104 (b)(1), 104 (b)(3), and 104 (b)(4) of this title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful.

This is hardly the first time the federal government has used the withholding of federal funds as a club to get state governments to fall in line. On top of that, this is a corrupt politician being tried by other politicians in the same corrupt system, so I think the Congress is entirely justified in using the absence of a carrot as a stick. If you're not certain you can trust those involved to act ethically, make self-interest and ethics coincide.