Supreme Court Orders Sanford To Take “Stimulus” Funds
As expected, the S.C. Supreme Court ruled unanimously this afternoon to order S.C. Gov. Mark Sanford to apply for a controversial pot of $700 million in federal “stimulus” money.
The decision is likely to end a protracted battle over the disputed funds – which represents less than a tenth of the “bureaucratic bailout” money that South Carolina is slated to receive in its current and coming fiscal years.
In its 5-0 ruling, the Court stripped Sanford of the authority granted him under federal law to determine if – and how – these funds were to be used.
“Under the constitution and laws of this State, the General Assembly is the sole entity with the power to appropriate funds, including federal funds,” the Court’s ruling says. “Therefore, the General Assembly has the authority to mandate that the Governor apply for federal funds which it has appropriated. Because the General Assembly has overridden the Governor’s vetoes of the provisions of the Budget concerning the SFS funds, those provisions are now law and must be executed by the Governor. Accordingly, under South Carolina law, Governor Sanford is obligated to take the actions required to apply for and accept the SFS funds.
Not content in simply ruling against the governor, the Court also issued a writ of mandamus ordering Sanford “to comply with the law.”
As a result of its decision, the Supreme Court will see a $4 million increase in its budget for the coming fiscal year – money it would have had to do without in the event it ruled in favor of Sanford.
The Justices are all appointed by the legislature, as well.
WEB EXTRA
Comments
By Doug Ross on June 4th, 2009 at 3:54 pm
Just like the status quo’ers blame Sanford for talking about vouchers as the cause of all the state’s public education woes, they will also blame Sanford when the economy tanks because he dared to suggest using 10% of the stimulus funds to pay off debt.
By Toyota Kawaski on June 4th, 2009 at 4:07 pm
Just like the voucher hacks always have the same talking points.Great job Supreme Court.
By Pat Hendrix on June 4th, 2009 at 4:19 pm
“when the economy tanks”
Ugh, back on earth, SC has the second highest unemployment in the nation. What would constitute “tanked” in your mind?
And I’ve never heard anyone suggest “talking about vouchers” as the cause for a pitiful education system, just that it wasn’t the solution. The merits aside, that’s the point being made.
By Eric on June 4th, 2009 at 4:53 pm
Forgive my political ignorance but doesn’t Sanford have the right by SC law to veto budget bills from congress which may or may not include stimulus funds.
By sclawyerIII on June 4th, 2009 at 5:48 pm
Eric,
He does and he did, and his veto was overriden.
So he spent more money and did the American thing: he sued! The lawyers thank him, I’m sure.
The Majority Opinion is, as usual, confused, but Pleicones does a pretty good job explaining the problems with Mr. Sanford’s suit.
By sclawyerIII on June 4th, 2009 at 5:51 pm
The federal law in question gave the Governor the power to accept, but it also gave the Legislature the power to accept the money if the governor did not.
Paragraph 3 of the article is not really accurate or is at the very least misleading.
Without question, the governor did not have the authority to use the money to pay down debt as he wished to do.
By anonymous on June 4th, 2009 at 6:08 pm
Mark Sanford Spelling Song
VIDEO:
http://video.google.com/videoplay?docid=6329328762201502804&ei=uk7FSa7XBobSqQL4zfWDCw&q=mark+sanford&hl=en
By bo on June 4th, 2009 at 8:03 pm
sanford BIG winner here…this will play extremely well for him. he fought it and lost, there are no potential negative results that can be tied to him now that the money will be spent. dream scenario for the ‘12 race
By me on June 4th, 2009 at 8:53 pm
its gotten to the point where the legislature in columbia is worse then the one in washington. It appears there is no way out of this one through the ballot box when everyone just votes for a R or D.
By newzjunkie on June 4th, 2009 at 9:40 pm
@Anonymous: That was by far the best song I’ve heard! I love the second “R” and “D” is RIGHT ON!!!! This needs to be playing on the radio!
By Doug Ross on June 4th, 2009 at 9:51 pm
@Pat Hendrix,
We haven’t even got close to the bottom yet. $4 gas this summer again and we’ll be in a Depression that they can’t throw more phony future money at.
What signs do you see of recovery in South Carolina? And wait til the counties and legislature decide to raise taxes. That’ll drive another nail in the coffin.
The only solution is to cut government, cut taxes, and create an environment that encourages companies to locate in South Carolina.
By Liberty for me on June 4th, 2009 at 10:32 pm
Washington is not the only government that has to be purged of traitors….The day will come for all of them..soon, very soon
By Pat Hendrix on June 4th, 2009 at 10:34 pm
Inflation is a real fear and the reason I opposed the stimulus package. The environment that SC finds itself in, however, is not an issue of creating a tax environment that favors relocation of industry. The main problem we face is that nobody will relocate to state that borders on the Third World. The corruption and stupidity that pervades this state is manifest.
For his all principal, Sanford is too idealogical too be part of the solution. We need a pragmatist.
By liz on June 5th, 2009 at 6:48 am
Doug Ross, I like your dog. * truth**
The court sided with We the People, remember us, the bloggers.
By thinkbeforeyouwrite on June 5th, 2009 at 9:36 am
How can you “appropriate” money you do not have?
By Nathan Earle on June 5th, 2009 at 10:40 am
Three points:
1. The real problem is not the S.C. Supreme Court but with the legislature and the way SC government is structured to allow them to run roughshod over the executive branch. We have no effective system of checks and balances in this state. This has been one of Governor Sanford’s main themes throughout his tenure as governor.
2. Ad hominem attacks on the Governor such as the ones in the posts above are completely disrespectful and only serve to highlight the attackers’ obvious inability to meet Governor Sanford on the merits.
3. The loud screaming by supporters of unaccountable, wasteful government tells me that we need to keep mashing their toes.
By where to start? on June 5th, 2009 at 3:38 pm
@ Nathan Earle,
I agree that the real problem is not the Supreme Court but it isn’t the
way SC government is structured. The current state constitution was written to prevent one person from having absolute authority (i.e. king) and it could have been written for Sanford. When in recent history has there been a governor that just absolutely refused to work with the legislature? In my mind, the current governor created his own problems because his arrogance does not allow him to see other positions nor even allow him to think he can be wrong. He just absolutely refuses to compromise. You say the legislature has run “roughshod over the executive branch”. You’re right to a point on that but the governor has tried to ram his agenda(s) down the legislature’s throat with his “my way or no way” philosophy. Everything the legislature did to rebuke Sanford was legal and followed procedure. He vetoed items and they overrode them. The fact of the matter is had he gone to the legislature when he was first elected and asked for help with his agenda, he could have probably gotten just about everything he wanted. His juvenile antics (pigs) to embarrass the legislature certainly didn’t help. I guess what I’m trying to say is that he brought all of this on himself.
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