The Imperial Court

Joe Doakes from Como Park writes:

The media is fond of trotting out Political Science teachers to opine on political topics. Here’s one I’d like to see them asked:

In a system with three co-equal branches, what is the legal basis for the Court to run the state if the Legislature and Governor won’t? Where was that specific power granted by the people to the Courts in the State or Federal Constitution, or in state law?

For those of you for whom “what is actually in the law?” is an important point, it’s a worthwhile question.

My guess is there is no such specific grant of authority, the courts simply step in. Why? Because somebody has to? Not so, governments can and do shut down, sometimes for a week (last Minnesota shut-down), sometimes longer (Belgium hasn’t had a government for a year, Somalia, ever).

Because there will be terrible consequences? True, the blame for which will fall on the Legislature and the Governor. But how does that give the Ramsey County District Court power to act as Dictator-In-Reserve?

My guess:  “Progressives” abhor a power vacuum, provided they can be the ones to fill it.

Dumping this problem on the courts is too easy. It relieves the pressure on both the Legislature and the Governor to alleviate the problems that a true shut-down would cause. Imagine the public pressure if the prison gates really were thrown open, road construction projects abandoned incomplete, the courthouses shuttered.

Wisconsin’s Supreme Court last week took the right approach regarding the collective bargaining law, telling the district court “It might be a stupid law but by substituting your opinion for theirs, you’re pooping in the Legislature’s pool; stop it.”

That would involve  having some respect for the idea of separation of power.

I think Minnesota’s court should similarly decline to act. It should tell the Governor and Legislature: “This is not our problem. We interpret the law in light of the specific facts of the case. Failure to agree on a budget is not a case for us because there is no law in dispute, no facts to decide. This is a political problem which, under state and federal law, is uniquely your problem. Get to it.”

But hey, I’m just a schmuck from Como Park. What do I know? That’s what experts are for. Somebody get Larry Jacobs on the phone.

Joe Doakes

And rest assured – someone will.  Him and Dave Shultz.