The UpTake >> *Top Stories

Freedom of Information Economics.

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2857/
Description:

After the speeches and award at the Minnesota Coalition on Government Information, a general discussion continues in the auditorium on the economics of the Freedom of Information.

Several speakers, point out the relationship between openness and trust in government.

Chief Justice Eric Magnuson at the Finnegan FOI Awards--Entire Speech.

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2855/
Description:

Chief Justice Eric Magnuson speaks at the Minnesota Coalition on Government Information, Freedom of Information Day Award Ceremony.

Reed Anfinson, receives the 2010 Finnegan FOI Award.

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2854/
Description:

Each year on Freedom of Information Day, the Minnesota Coalition on Government Information presents the John R. Finnegan FOI Award - named in honor of the former editor of the St. Paul Pioneer Press for his lifelong commitment to openness in government and the public's right to know. The award honors a Minnesotan or Minnesota institution whose work demonstrates leadership and commitment to the power of information to effect change.

John Finnegan himself, hands the award to Reed Anfinson Publisher of the Swift County Monitor.

Anfinson, speeks about FOI Economics, and after he is done a wide ranging discussion follows with many FOI Activists, and Journalists.

Chief Justice Eric Magnuson at the Finnegan FOI Awards--Press conference.

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2853/
Description:

Retiring Chief Justice Eric Magnuson was the keynote speaker at the 2010 Minnesota Coalition on Government Information, Finnegan Freedom of Information Award Ceremony. The 2010 Recipient is Reed Anfinson, Publisher of the Swift County Monitor. Chief Justice Magnuson was the keynote speaker right before Anfinson got his award from John R. Finnegan himself. Questions from the press were wide ranging from his future to individual cases. He said he wanted to return to private practice, and that he valued openness in the judicial system, had a fine relationship with the Governor even when he disagreed with him, and worried about budget pressure on judicial innovations. His entire speech, is available on TheUptake.org's website.

Some selected highlights:

Q : Are you going back to Burns and Morgan? A : Yes, I want to return to my former Appelate Practice.

I've come to admire brevity and coming to the point...

Q : Can you reflect on the Canvas Board Experience.

A : ...It was such a blurr, but it was a wonderful process to do out in the open..."

Q: "Will your hyroglephics sheet be public some day? A : I think I have it with me..."

Q: What qualities should we look for in the next justice? A : "Expect someone who is dedicated to the court, dedicated to the citizens of the state, who wants to see the Judicial Branch remain a co-equal branch of Government."

Q : You came in from the outside--was that a difficult transition? A : "It was difficult-there was so much jargon that I had to learn..."

Q : Might we see you in the public sector again? A : "I have no plans to do that."

Q : How's your relationship with Governor Pawlenty? A : "It's wonderful, he and I have always gotten along, just because we didn't necessarily see eye to eye..."

Q : How did you take to the cloistered and rather isolated judicial life? A : "I was never very cloistered or very isolated, the way I approached the job it took me out of the office..."

Q : And at the end he addresses the issue of whether budget cuts threaten the Judiciary. "I think the Judiciary is struggling right now..." "Our efforts at innovation will be hampered."

Gov's Lawyers-MN Constitution Obeyed On Budget Cuts-Supreme Court Arguments

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2852/
Description:

The Governor’s team of lawyers argue that the Governor is acting within the constitutional unallottment statute’s by using his unallottment powers, in compliance with the “constitutional mandate” to balance the budget. According to the Minnesota Constitution, the state can borrow during its biennium (or two year budget cycle) but must have the budget balanced by the end of that cycle. The Governor argues that balancing the budget is the priority and that unallotting is simply his way of balancing the budget.

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

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2851/
Description:

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.

Who Sets MN Budget Priorities?

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2850/
Description:

As every middle school student learns, each of the three branches of government have their own duties. The legislative branch makes the laws, the executive branch executes the laws and the judicial branch interprets the laws; thus creating our system of checks and balances

“Separation of powers is one of the most basic tenets of our democracy,” said Mike Dean, executive director of Common Cause Minnesota. “Our forefathers recognized the danger of concentrating too much power in the hands of one individual, even in difficult times”.

That separation of powers issue is at the heart of a case heard in Minnesota's Supreme Court. It's a case that could not only limit the Governor's powers to shape a budget, but also give the state a huge budget deficit.

On February 23, 2010, Common Cause Minnesota and the League of Women Voters, Minnesota filed an amicus brief with the Minnesota Supreme Court in Brayton v. Pawlenty. The brief argues that the current unallotment statute violates the Minnesota Constitution’s separation of powers clause by granting the executive branch expansive, unchecked legislative power.

On March 15th, the Supreme Court met to hear oral arguments. Each counsel was asked the same initial question. Their answers appear here.

How Unallotment Works:

Unallotment must follow these procedures

1. Deficit Determined. The Commissioner must first determine that probable receipts for the general fund will be less than anticipated and the amount available will be less than needed for the biennium.

2. Governor Approval. Prior to taking action, the Commissioner then obtains the approval of the Governor.

3. LAC Consultation. The Commissioner then consults with the Legislative Advisory Commission (LAC). This consultation does not require the approval of the LAC.

4. Budget Reserve Reduction. After the above conditions are met, the Commissioner may then reduce the Budget Reserve as needed to balance expenditures with revenues.

5. Unallotment. If, after depleting the budget reserve, there remains a deficit, then the Commissioner may, after gaining the approval of the Governor and consulting with the legislative advisory commission, reduce prior fund appropriations (or fund transfers) provided they have not yet been spent.

NOTE: The Commissioner also has the authority to defer or suspend statutorily-created obligations which would prevent him from making the unallotments. The Commissioner does not have the power to suspend constitutional obligations or obligations pursuant to other authorities.

6. Agency Notification. Prior to making the unallotment, the Commissioner is required to notify the concerned agency.

(Unallotment summary via Kevin P. Goodno, Becky S. Girvan & Melissa J. Parker)

MN 06 Rep. Michele Bachmann's Kill the Bill Rally--entire speech.

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2846/
Description:

Entire Speech.

Mar 13 2010 : MN 06 Rep. Michele Bachmann speaks at her "Kill the Bill" Rally, to stop the Health Care Bill, on the St. Paul Minnesota State Capital steps. She compares Obama to Chavez, calls the Health Care Bill illegitimate, says you don't have to follow illegitimate bills. "In their bill they have the IRS enforciing the Health Care Bill." "We're not going to pay their taxes..." "We don't have to follow a bill that isn't law." At 1:30 Bachmann says : "Some have called President Obama, the first Post-American President." At 3:00 a woman in the crowd shouts : "SHIP THEM TO CUBA!" At 5:30 "And these men had guts our founders, these were no panty-waste wusses, and neither are we by the way!"

Ed Morrissey at Michele Bachmann's Kill the Bill Rally.

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2844/
Description:

Blogger Ed Morrissey speaks at Michele Bachmann's Kill the Bill Rally on the St. Paul Capital steps.

Recently named CPAC's "Blogger of the Year".

Rep. John Kline Claims Pelosi Wants To Pass Health Insurance Bill Without A Vote

Movie: http://UpTake-Editorial.groups.theuptake.org/rss/videogalleryView/id/2842/
Description:

MN 02 Rep. John Kline speaks against the Health Care Bill at Michele Bachmann's Kill the Bill Rally on the St. Paul Capital steps. Kline claims that House Speaker Nancy Pelosi wants to "pass the it without voting on it at all".

Kline neglected to mention to the crowd that he had already voted on the bill when it was passed in the house.