Why Pawlenty’s Cuts Were Unconstitutional-MN Supreme Court Argument

The plaintiffs argue that the Governor’s duty is to “faithfully execute” the law that the legislature passes, and by picking and choosing which programs to fund or not he is able to “engage in lawmaking with respect to spending levels and spending priorities”. This “lawmaking” is not part of the Governor’s duty; its only his job to execute the laws that the legislature have made. Through unallotment the Governor is essentially making new laws by choosing to not execute them by unalloting their funding under the Unallotment Statute.

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