Judges and Legislators
September 16, 2011 - by
You’ve got to admire Judge Howard Manning’s nerve – he’s only a state district court judge but for years he’s been issuing orders to Governors. Judge Manning’s modus operandi is simple: He looks at the State Budget, looks at the Constitution, then declares if the Governor doesn’t spend more on this or that program it’s unconstitutional. (Judge Manning has never issued an order telling a Governor not to spend money and not once has a Governor – or anyone else – told him No.)
Until he tackled Republican House Speaker, Thom Tillis, and Senate Leader, Phil Berger.
It happened like this: Someone filed a lawsuit saying the Republican legislators’ hadn’t spent enough on the ‘More at 4’ program and Judge Manning looked at the Constitution and promptly slammed down his gavel and said, That’s right.
When I first read about his court order I thought, How on earth can a judge order the legislature to spend $145 million? Then I pulled out a copy of the Constitution and read it and, sure enough, it looks like Judge Manning has a point.
Right there in black and white the Constitution said two things: The state must provide every breathing, walking soul a free public education and it has to provide every single person the same opportunity for an education – so, apparently, the legislature can’t offer part of the four year olds ‘More at 4’ then tell the rest, We’re sorry, we just ran out of money. You’re out of luck.
Now this whole thing has just tickled Governor Beverly Perdue to death. She’s already cooing how she’s not just deferring to Judge Manning’s order but going steam ahead and enrolling all the poor left out four year olds in ‘More at 4’ as fast as she can – except she’s got one problem: She needs $145 million. And Senator Berger and Speaker Tillis haven’t given her the money.
Naturally, none of this sat too well with Senator Berger. He announced the way he sees it Judge Manning is indulging in the worst kind of “judicial activism.” Then Senator Berger got down to brass tacks: Judge Manning, he added, is mandating “a massive new welfare program from the bench.” That not one legislator has voted for.
It’s a mess. We don’t have another $145 million to pay for ‘More at 4’ – but if we don’t we’re in violation of the Constitution. It’s also odd in another way: This maybe the first time in North Carolina history we’ve got legislators not spending money, a judge spending money, and the Governor cheering him on.
Judges and Legislators
September 16, 2011/
You’ve got to admire Judge Howard Manning’s nerve – he’s only a state district court judge but for years he’s been issuing orders to Governors. Judge Manning’s modus operandi is simple: He looks at the State Budget, looks at the Constitution, then declares if the Governor doesn’t spend more on this or that program it’s unconstitutional. (Judge Manning has never issued an order telling a Governor not to spend money and not once has a Governor – or anyone else – told him No.)
Until he tackled Republican House Speaker, Thom Tillis, and Senate Leader, Phil Berger.
It happened like this: Someone filed a lawsuit saying the Republican legislators’ hadn’t spent enough on the ‘More at 4’ program and Judge Manning looked at the Constitution and promptly slammed down his gavel and said, That’s right.
When I first read about his court order I thought, How on earth can a judge order the legislature to spend $145 million? Then I pulled out a copy of the Constitution and read it and, sure enough, it looks like Judge Manning has a point.
Right there in black and white the Constitution said two things: The state must provide every breathing, walking soul a free public education and it has to provide every single person the same opportunity for an education – so, apparently, the legislature can’t offer part of the four year olds ‘More at 4’ then tell the rest, We’re sorry, we just ran out of money. You’re out of luck.
Now this whole thing has just tickled Governor Beverly Perdue to death. She’s already cooing how she’s not just deferring to Judge Manning’s order but going steam ahead and enrolling all the poor left out four year olds in ‘More at 4’ as fast as she can – except she’s got one problem: She needs $145 million. And Senator Berger and Speaker Tillis haven’t given her the money.
Naturally, none of this sat too well with Senator Berger. He announced the way he sees it Judge Manning is indulging in the worst kind of “judicial activism.” Then Senator Berger got down to brass tacks: Judge Manning, he added, is mandating “a massive new welfare program from the bench.” That not one legislator has voted for.
It’s a mess. We don’t have another $145 million to pay for ‘More at 4’ – but if we don’t we’re in violation of the Constitution. It’s also odd in another way: This maybe the first time in North Carolina history we’ve got legislators not spending money, a judge spending money, and the Governor cheering him on.