Senator Relph reacts to Supreme Court ruling on line-item veto of legislative funding

Following the Minnesota Supreme Court’s ruling that Gov. Mark Dayton’s line-item veto of legislative funding for the 2017-2018 biennium is constitutional, Sen. Jerry Relph (R-St. Cloud) issued the following statement:

“The Minnesota Supreme Court’s decision to allow Gov. Dayton to line-item veto the legislature’s appropriation is very disturbing. The Court has chosen to usurp the Legislature’s sole discretion funds appropriated for coordination of legislative activities and force it to use those funds for operations. The judicial branch, like the executive branch, does not have the constitutional authority to force the legislative branch to act, or not act, in a certain way. By forcing the legislative branch to exercise its discretion to spend funds that are solely under the control of the Legislature is no less a violation of the separation of powers doctrine than was Gov. Dayton’s line-item veto of the legislative operating appropriation.

“Justice Anderson, in his sole dissent of the Court’s opinion, says it best: ‘The … line-item veto [of] the legislative appropriations … alters the balance of powers by elevating the powers of the Governor. [T]his result creates three unequal branches of government…’

“This creates an unsteady path for our state. Because of the Court’s decision, the Legislature will be forced to expend discretionary appropriations to avoid the necessity to furlough staff and suspend operations. To furlough staff and suspend operations would mean there would be no constituent assistance, no legislative oversight, and the closure of legislative office buildings.

“Moving forward, I will continue to advocate for the people of Minnesota and their constitutional right to a co-equal branch of government.”

Sen. Jerry Relph is in his first term representing Senate District 14, which includes St. Cloud, Waite Park, St. Augusta, and other communities in Benton, Sherburne, and Stearns counties.

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