The Kansas Supreme Court is legislating today

[K-S-U-Wildcats!]

Yet more hearings in the KS legislature today to argue over how much money to allocate in the budget for education. Oh wait... what? This hearing is taking place in the KS Supreme Court? And seven justices are talking about this as if they play any role in the budgeting process?

Oh I get it now, in Kansas, the judicial branch not only interprets the law, it also makes the law when it comes to budgeting. Yes, that seems to right. I guess if Kansans disagree with how much of their taxes is allocated to education, we can always elect new justices in 2014. Amiright?

[bubbles4ksu]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

[CNS]

Constitutional question.  Not of how much, but if the amt budgeted is reasonable.  I mean, crazy KS could just decide to pull all funding and let the private market figure it out if it wasn't for the state constitution, right?

Also, iirc, the existing budget under funds the existing system by something like $160M.  If they want to make the system cost less, fine, but address it through the Board of Ed first by establishing a new system rather than just not funding it.

I get you want to rail on some appearance of govt stepping in the way and out of their role, but it seems like this is checks and balances at work here.

[K-S-U-Wildcats!]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

[Rage Against the McKee]

Good for the courts. I wish the KSC could just put the entire state budget together. They seem to be a whole lot better at it than the mouth breathers we have in office.

[star seed 7]

the federal government should run all of this anyway.

[Dugout DickStone]

Don't we have some insane creationists in the legislature?

[Rage Against the McKee]

Don't we have some insane creationists in the legislature?

Yes. We even have a few on the state Board of Education, or at least we used to.

[bubbles4ksu]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

that sounds awful. maybe the koch bros can buy enough legislative spots to change the judicial appointment procedure?

[Rage Against the McKee]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

that sounds awful. maybe the koch bros can buy enough legislative spots to change the judicial appointment procedure?

You can rest assured that they are working on it.

[bubbles4ksu]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

that sounds awful. maybe the koch bros can buy enough legislative spots to change the judicial appointment procedure?

You can rest assured that they are working on it.

they already have. good luck to anyone who is mumped over by a kansas business after they get their boys on the bench. 

[K-S-U-Wildcats!]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

that sounds awful. maybe the koch bros can buy enough legislative spots to change the judicial appointment procedure?

You can rest assured that they are working on it.

they already have. good luck to anyone who is mumped over by a kansas business after they get their boys on the bench. 

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

But because Kansas happens to be a largely conservative state with a conservative legislature, and the Supreme Court still has a number of liberal justices appointed by the old Democrat governors, you're cool with the court usurping the traditional role of the legislature in setting a budget.

[Rage Against the McKee]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

that sounds awful. maybe the koch bros can buy enough legislative spots to change the judicial appointment procedure?

You can rest assured that they are working on it.

they already have. good luck to anyone who is mumped over by a kansas business after they get their boys on the bench. 

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

But because Kansas happens to be a largely conservative state with a conservative legislature, and the Supreme Court still has a number of liberal justices appointed by the old Democrat governors, you're cool with the court usurping the traditional role of the legislature in setting a budget.

Legislators have to follow the law, just like everybody else.

[CNS]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

Last time this was in the SC, they said that the amt of money budgeted was not suitable and provided a rough figure as to what was suitable based on the system in place(via other govt components).  That seems like they are fulfilling their role.  Suitable doesn't mean "make it work".  Their job is to settle disputes and challenges to legislation.  If someone challenges the legislation that funds the school year, their job is to judge on whether it is suitable. 

If KS doesn't want to spend this much money, change the constitution to say that Ed will take what they are given and shut the eff up, or change the Ed system so that it doesn't want as much funding.   I just don't see what the problem is here with the court.  It seems like they are doing their designed job.

[K-S-U-Wildcats!]

the kansas constitution says something about adequately funding schools. courts have to interpret what that means. i thought you were a lawyer or something?

The KS Constitution says only, among many other things, that "The legislature shall make suitable provision for finance of the educational interests of the state." A few years back, the Court stupidly interpreted this provision as giving the judiciary carte blanche to decide whether education funding allocated by the legislature was appropriate, thereby effectively superseding the legislature's role in deciding how much to spend on education. This was not a matter of the "crazy" KS legislature refusing to fund public schools - only to what amount - and the Supreme Court should have stayed out of it.

So now they're hip deep in it, the lawsuits keep coming, and they keep having to legislate the issue. It is a ridiculous exercise.

that sounds awful. maybe the koch bros can buy enough legislative spots to change the judicial appointment procedure?

You can rest assured that they are working on it.

they already have. good luck to anyone who is mumped over by a kansas business after they get their boys on the bench. 

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

But because Kansas happens to be a largely conservative state with a conservative legislature, and the Supreme Court still has a number of liberal justices appointed by the old Democrat governors, you're cool with the court usurping the traditional role of the legislature in setting a budget.

Legislators have to follow the law, just like everybody else.

Yes, and it is also their job to make the laws - not the Supreme Court.

[Rage Against the McKee]

Yes, and it is also their job to make the laws - not the Supreme Court.

Well, they passed a law many years ago saying that education in the state must be reasonably funded. It is the job of the KSC to define "reasonably."

[bubbles4ksu]

sucks when a political minority prevents the tyranny of the majority, but that's democracy for ya sometimes. ha ha.

[CNS]

If you hate checks and balances and you would rather a single group of individuals just do whatever they feel like, just come out and say it.

[Panjandrum]

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

That's difficult in Kansas because a sizable portion of the electorate seems very...simple.

[Rage Against the McKee]

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

That's difficult in Kansas because a sizable portion of the electorate seems very...simple.

Yeah. Somebody should really organize a "stay home, don't vote" campaign.

[CNS]

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

That's difficult in Kansas because a sizable portion of the electorate seems very...simple.

Yeah. Somebody should really organize a "stay home, don't vote" campaign.

They may stay home this year.  I mean, the whole Sharia Law thing has been finalized, so what else is there to worry about?

[Rage Against the McKee]

Seems like the more ideal solution would be to let the legislature craft the budget, as has always been its power, and elect a different legislature if you're unhappy with how said budget allocates funds.

That's difficult in Kansas because a sizable portion of the electorate seems very...simple.

Yeah. Somebody should really organize a "stay home, don't vote" campaign.

They may stay home this year.  I mean, the whole Sharia Law thing has been finalized, so what else is there to worry about?

Schools are about to get funded.

[CNS]

That's bullshit!

[K-S-U-Wildcats!]

Yes, and it is also their job to make the laws - not the Supreme Court.

Well, they passed a law many years ago saying that education in the state must be reasonably funded. It is the job of the KSC to define "reasonably."

Minor point, the word was "suitable," not "reasonable," but regardless, the Court could, and should, have said "hmmm... the legislature already devotes over half it's budget to education, so we're staying out of this." Instead, the Court said "Yay - let's be legislators!" So now we get a fun little budgeting process each year. The legislature passes a budget. Lawsuits are then filed and the Supreme Court Super Unelected Legislators take a whole new crack at the budget. Yes, very efficient.

[K-S-U-Wildcats!]

If you hate checks and balances and you would rather a single group of individuals just do whatever they feel like, just come out and say it.

I like the system of checks and balances we had. The KS Supreme Court decided to tip the scales and usurp legislative authority, but I don't really expect you to understand or agree with that.