Those outside the state of North Carolina have likely never heard of one Judge Manning. Anyone inside North Carolina who pays any attention to government or education knows his name. This is a judge who has decided that he is going to take the place of the legislature. He has decided that he has the constitutional power and authority to make laws, interpret laws, determine spending, and enforce laws.

How is this possible? Simple -- other people do not understand the concept of separation of powers. The judge has responded to yet another lottery lawsuit, this time in regards to school funding. He has decided that the North Carolina Constitution says that not only is every citizen guaranteed an education, but that he, personally, gets to determine that education.

What the actual North Carolina Constitution says:

The people have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.

The governor and the legislature has recently increased spending by $85, $22, and $75 million -- but Manning says, "the legislative branch is not reacting to this case"

Manning says, "They're going to have to spend some money to effect change." So a judge claims to be able to determine spending levels for the state. That's wrong, and he is wrong-- VERY wrong.

Once again, I call on the constitutional republic to work the way it's supposed to work, with checks and balances. The legislature is 100% free to completely and totally ignore this egotistical potential dictator. He has NO power to tell the legislature how to spend money! NONE! What's he going to do if they ignore him? Arrest the legislature? Oh wait, he's need the governor to do that, wouldn't he?

This judge does not have the power to tell the legislature how much money to spend, no matter how much he wants that power. The legislature should absolutely ignore him and do their job. In a more perfect world, the legislature would start proceedings to remove the judge for him attempting to usurp the power of the legislature.

Posted by: Ogre at 05:00 AM | Comments (3) | Add Comment
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1 He has decided that he has the constitutional power and authority to make laws, interpret laws, determine spending, and enforce laws. This happens on the national level and everywhere. It is the problem of our times.

Posted by: Jay at August 16, 2005 08:16 AM (2FcUc)

2 Where do I sign up? I need a good shot of ego in the morning. It'd do me good to tell the lesser people what they can and can't do with their tax dollars. . .

Posted by: Oddybobo at August 16, 2005 08:39 AM (6Gm0j)

3 Sure, Oddy -- become a judge and you, too, can have ultimate power in this country. Easily in this state. Worse, there's NO way the legislature will oppose him -- ordering Democrats to spend more money is like ordering an alcoholic to take a drink.

Posted by: Ogre at August 16, 2005 09:00 AM (/k+l4)

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