Courts can strike down Madigan’s unconstitutional budget
The Illinois Constitution is clear: the Illinois General Assembly’s spending in any fiscal year “shall not exceed the funds estimated by the General Assembly to be available during that year.” The General Assembly has officially estimated how much money the state will have available in fiscal year 2015: about $34 billion. Yet the spending proposed...
The Illinois Constitution is clear: the Illinois General Assembly’s spending in any fiscal year “shall not exceed the funds estimated by the General Assembly to be available during that year.”
The General Assembly has officially estimated how much money the state will have available in fiscal year 2015: about $34 billion.
Yet the spending proposed in House Speaker Mike Madigan’s budget bills totals more than $37 billion.
Therefore, Madigan’s proposed budget violates the Illinois Constitution.
If Gov. Pat Quinn signs that budget into law, can lawmakers get away with this violation? No – at least not if the state treasurer fulfills his constitutional responsibilities.
It’s the treasurer’s job to disburse state money that the General Assembly has appropriated, as directed by the state comptroller. But like all state officials, the treasurer is sworn to, above all, uphold the Constitution.
An unconstitutional budget would force the treasurer to violate that oath.
If the treasurer is placed in that position, he will have the legal standing – and the duty – to go to court and seek a declaration that the budget is unconstitutional and that he therefore is neither required nor permitted to disburse any funds under it.
And if the current treasurer would fail to fulfill that obligation and disburse the money anyway? Then the people of Illinois would have to take matters into their own hands.
Under Illinois law, any taxpayer can challenge unconstitutional spending of the state’s general revenue funds in court. The Liberty Justice Center is standing by to help taxpayers enforce the Constitution’s guarantee against unconstrained spending if necessary.
But we hope it won’t come to that. Instead, legislators should respect their own oaths of office and refuse to support Madigan’s unconstitutional budget.