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Watch Your Purse in Kansas
by Knight Allen, Director of Legislation
Originally published on Feb 13, 2014 - reprinted with permission

    Once in a while your humble columnist goes a bit crazy and gets involved in something way outside Nevada. The following is a case in point as the Kansas Supreme Court seeks to steal the power of the purse from the Legislature in the funding of education. Hope the ideas expressed interest you. By the way, I sent a "Letter to the Editor" at the Wall Street Journal on this subject and it got printed on 1/28/14. How's that for moving up in the world?


---On Sat 1/18/14, Knight Allen (knightallen702@yahoo.com) wrote:

Hon. Sam Brownback, Governor
State of Kansas

Sir:
"The judiciary . . . has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever.  "Federalist #78 (Hamilton)

There has never been a more powerful essay articulating the need for an independent judiciary than Federalist #78.  However, the judiciary paid a very high price, and rightfully so, for its independence. But, what happens when a runaway judiciary realizes it is dealing with legislators and governors who don't have a clue about Federalist 78 and the limitations on judicial authority?

    What happens is that there are now twenty six states in which education funding is controlled by the judiciary. Every one of the legislatures and governors simply rolled over and surrendered to the courts' brazen theft of the legislatures' power of the purse and, collaterally, the executive veto authority.

    Is Kansas next?
The judiciary has no authority to rule on the adequacy of education funding. That authority (for better or worse) belongs completely to the legislature with the executive branch veto as the only check. The final judgments then belongs to the people of Kansas in the voting booth. Stand up for yourselves and your clear constitutional rights. If the court rules against you, either ignore or formally vacate the decision. Make it clear to the court and to the people of Kansas that you will not permit the judiciary to violate the system of checks and balances and the separation of powers.

You do have a choice. You don't have to crawl away with your tails between your legs.  It's a great system. Please defend it.

Respectfully submitted,

Knight Allen
6524 Bourbon Way
Las Vegas, Nevada   89107
(702) 870-3089

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