None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the State, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois.The preceding sentence shall not apply to any funds provided directly to a unit of local government (1) by a Federal department or agency, or (2) by an established formula from the State.
The Stimulus Bill [Read The Stimulus]
The Blagojevich Provision in the Stimulus Bill [National Review Online]
None of the funds in the Bernie Madoff stimulus package should be made available except to a prior investor
That’s one of the most terrifying laws I’ve ever read.
What if the Republicans had put that clause in about Grey Davis and CA? The screaming would have echoed off the Himalaya.
And but me no buts about, “yeah, but he’s a crook.” Blago is innocent until proven guilty and the Federal Government has NO BUSINESS telling a state who can and can’t be in state government. Not that having no business in something has stopped the Feds since John Marshall was an intern, but still. That’s just scary.
Some of Blago’s follicles should be used to stimulate Paulson’s bald pate.
can we stop calling it a stimulus bill when it is really just a plain old spending bill.
“Honey, you can have a car, on the condition that you dump your deadbeat boyfriend.”
Actually, this seems okay to me. Congress can condition funds more or less as it wishes – the drinking age got moved to 21 by the threat of no federal highway $$.
@ 7: wasn’t funny the first time either.
EP,
I hardly think the Constitution is “for breakfast” here. This is not a Bill Of Attainder because it does not declare Blago guilty of a crime. Second, in an impeachment action, guilt is more or less in the eye of the beholder. I mean, if Blago came out and said he hated racial group X then he would probably be impeached even though he did not break a law per se. At the end of the day, a public office is not one’s personal property;thus, one may be deprived of it via legislative action (i.e. at the whim of the Illinois peoples’ representatives with or without pressure from the U.S. Congress).
Excellent point, guest. Now address the states rights issues.
@EP – Doesn’t (1) take care of it? Act, or wait until Blago is gone. Now Congress can’t make the states act – which I think is your federalism point – but it can condition funding on state action.
But making funds conditional on the status of a duly elected official who has been convicted of no crime- and naming that official personally?
Doesn’t even pass the smell test.
Frankly, you should be very worried when Congress pens anything with an individuals name in it.
Arguments about the power of the purse, go back to U.S. v. Butler (of course) and there aren’t a lot of them, but reaching down from the federal level to influence states to accept or reject a given and already elected official is bad business. This cannot but trigger the “related” and “coercion” clauses that limit conditional spending.
Think about what this means. Really means.
The bill does more to ‘Simulate Blago removal’ than stimulate said removal.
@10
EP,
As much as I hate to say it, the states don’t have too many rights. The Blago Bill is no different than the U.S. Congress conditioning highway funds on the passage of an act to raise the minimum drinking age to 21. In that case (see National Minimum Drinking Age Act of 1984), the collective (i.e. the people of a state) were coerced into acting against a subgroup (i.e. the people age
@EP – post this over at ATL and see what the law students have to say. Most of us corporate lawyers who aren’t immediately out of law school have forgotten all our Con Law.
I don’t think this is wrong, but I doubt it will be necessary. Blago is going to be gone anytime now.
Also, can someone give the URL to Senator Bunning? He claims he hasn’t seen the bill, that it’s not available, but people in his own party were able to leak this draft. He should be interested.
@15
I bet EP was able to get some comments from his boss (Lat) before posting this. If not, he should.