June 8-9, 2015
Jun 08 06:52 FIRE, students fight back Jun 08 10:11 Hillary Clinton, corporate parasite Jun 08 10:51 State Auditor's responsibilities Jun 08 11:26 DFL discontent developing? Jun 08 12:12 Special interests for Otto Jun 08 20:19 Dayton relents on auditor Jun 09 06:30 Dorholt announces 2016 campaign
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Prior Years: 2006 2007 2008 2009 2010 2011 2012 2013 2014
FIRE, students fight back
When Wayne Lela and John McCartney wanted to distribute literature that contained their views on homosexuality and other sexual matters at Waubunsee Community College, the administration tried barring them from distributing their literature. Thankfully, Lela and McCartney fought back:
As FIRE reported last July, the pair filed their lawsuit after an administrator barred them from distributing literature on campus containing their views on homosexuality, religious liberty, and free speech rights because it was not 'consistent with the philosophy, goals and mission of the college' and would be 'disruptive of the college's educational mission.' According to the complaint, a letter to Lela and McCartney from WCC's attorney made clear that the literature's criticism of homosexuality was the motivating factor behind the ban. Lela and McCartney are represented by the Rutherford Institute and Chicago attorneys Whitman Brisky and Noel Sterett of the law firm Mauck & Baker, LLC.
In January, my colleague Susan Kruth reported that U.S. District Court Judge Robert W. Gettleman issued a preliminary injunction ordering WCC to cease its viewpoint-based censorship and allow Lela and McCartney to resume distributing literature on campus, noting that 'provocative speech is entitled to the same protection as speech promoting popular notions.' Today, the Rutherford Institute and Mauck & Baker announced that the parties have settled, with WCC paying $132,000 in damages and attorneys' fees and agreeing to allow Lela and McCartney to distribute their literature outside the doors to the student center without having to sit behind a table.
I particularly appreciate this part of the judge's opinion:
'provocative speech is entitled to the same protection as speech promoting popular notions.'
There's no need to protect popular speech because nobody objects to it. The only speech that needs protection is controversial or upsetting speech. That's the category of speech that people object to. This is what's disappointing:
While we are pleased that WCC seems to have recognized the futility of continuing to seek the authority to censor views it disagrees with, it is unfortunate and unacceptable that it took nearly a year of litigation, a court order, and a $132,000 bill to get there. After decades of judicial opinions, it should not be news to any public college administrator that the First Amendment applies fully on campus. Sadly, as FIRE's Stand Up For Speech Litigation Project proves, it appears that some administrators will have to be dragged kicking and screaming into compliance with the First Amendment.
FIRE has been kicking college administrators' butts in court for quite a while. Universities' attorneys know what the precedents are. They're aware of the judges' rulings. It shouldn't have to be this way.
Posted Monday, June 8, 2015 6:52 AM
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Hillary Clinton, corporate parasite
Hillary is getting desperate in rebuilding the Obama coalition. There's no policy too stupid that Hillary won't support if she thinks it'll win a handful of votes. Check this out:
Speaking by telephone, Clinton told the more than 1,300 fast food workers gathered at a convention in Detroit that every worker deserves a fair wage and the right to unionize. "I want to be your champion. I want to fight with you every day," said Clinton, who kicked off her presidential campaign in April saying she wants to be the champion for "everyday Americans."
The call was another step to the left for Clinton, as she vies for the Democratic nod with progressive candidates Bernie Sanders and Martin O'Malley. She told the assembled crowd that they should continue building the Fight for 15 movement, which is pressing employers to raise workers' pay.
Bill Clinton, John Kasich and Newt Gingrich put policies in place that created a vibrant economy, something that President Obama hasn't done. While Wall Street got rich during the Obama administration, Main Street workers got left behind. By pushing for a doubling of the minimum wage, Hillary is signaling that she'll fight for the same economic principles that've led to this stagnant economy.
Paying fast food workers $15/hr. won't improve the economy. It'll cause fast food operations to trim the number of employees. Unemployment rates for young people and minorities will go higher.
Clinton's support for the movement also comes at a time when a growing number of states and cities are raising their minimum wage. Los Angeles is among the latest locales to boost minimum pay to $15 an hour. Just how high a wage hike Clinton supports, however, remains a mystery. The candidate has not provided a figure yet.
Since Hillary explicitly supported the Fight for Fifteen movement, that means Hillary supports a $15/hr. minimum wage. If Hillary wants to explain why she isn't supporting an increase to $15/hr., let her. That'll just expose her as a political opportunist to the Fight for Fifteen people. It'll say that she isn't one of them like Elizabeth Warren or Bernie Sanders are.
Frankly, I'd love seeing people attack Hillary as a parasite feasting off of corporate largess while pretending she's fighting for "everyday Americans."
Posted Monday, June 8, 2015 10:11 AM
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State Auditor's responsibilities
Much ink has been spilled on what the state auditor's responsibilities are. Prof. David Schultz wrote this on the issue:
The governor should have never signed a bill that allowed for this. Nothing against private auditors, but this is the constitutional duty for the Auditor. The privatization will cost tax payers more in the long run-as is typically the case with many privatizations. But in many ways, it probably does not matter whether the governor wins to get this privatization overturned-the provision is probably unconstitutional, conflicting both with Article V, section 1, of the Constitution creating the office of the Auditor, and Article III, section 1, the separation of powers clause of the Constitution.
I read what the Minnesota Constitution says about the State Auditor. Here's what Article III says:
ARTICLE III
DISTRIBUTION OF THE POWERS OF GOVERNMENT
Section 1. Division of powers. The powers of government shall be divided into three distinct departments: legislative, executive and judicial. No person or persons belonging to or constituting one of these departments shall exercise any of the powers properly belonging to either of the others except in the instances expressly provided in this constitution.
Here's what Article V says:
ARTICLE V
EXECUTIVE DEPARTMENT
Section 1. Executive officers. The executive department consists of a governor, lieutenant governor, secretary of state, auditor, and attorney general, who shall be chosen by the electors of the state. The governor and lieutenant governor shall be chosen jointly by a single vote applying to both offices in a manner prescribed by law.
[Amended, November 3, 1998]
Sec. 2. Term of governor and lieutenant governor; qualifications. The term of office for the governor and lieutenant governor is four years and until a successor is chosen and qualified. Each shall have attained the age of 25 years and, shall have been a bona fide resident of the state for one year next preceding his election, and shall be a citizen of the United States.
Sec. 3. Powers and duties of governor. The governor shall communicate by message to each session of the legislature information touching the state and country. He is commander-in-chief of the military and naval forces and may call them out to execute the laws, suppress insurrection and repel invasion. He may require the opinion in writing of the principal officer in each of the executive departments upon any subject relating to his duties. With the advice and consent of the senate he may appoint notaries public and other officers provided by law. He may appoint commissioners to take the acknowledgment of deeds or other instruments in writing to be used in the state. He shall take care that the laws be faithfully executed. He shall fill any vacancy that may occur in the offices of secretary of state, auditor, attorney general and the other state and district offices hereafter created by law until the end of the term for which the person who had vacated the office was elected or the first Monday in January following the next general election, whichever is sooner, and until a successor is chosen and qualified.
[Amended, November 3, 1998]
Sec. 4. Terms and salaries of executive officers. The term of office of the secretary of state, attorney general and state auditor is four years and until a successor is chosen and qualified. The duties and salaries of the executive officers shall be prescribed by law.
[Amended, November 3, 1998]
Sec. 5. Succession to offices of governor and lieutenant governor. In case a vacancy occurs from any cause whatever in the office of governor, the lieutenant governor shall be governor during such vacancy. The compensation of the lieutenant governor shall be prescribed by law. The last elected presiding officer of the senate shall become lieutenant governor in case a vacancy occurs in that office. In case the governor is unable to discharge the powers and duties of his office, the same devolves on the lieutenant governor. The legislature may provide by law for the case of the removal, death, resignation, or inability both of the governor and lieutenant governor to discharge the duties of governor and may provide by law for continuity of government in periods of emergency resulting from disasters caused by enemy attack in this state, including but not limited to, succession to the powers and duties of public office and change of the seat of government.
Sec. 6. Oath of office of state officers. Each officer created by this article before entering upon his duties shall take an oath or affirmation to support the constitution of the United States and of this state and to discharge faithfully the duties of his office to the best of his judgment and ability.
Sec. 7. Board of pardons. The governor, the attorney general and the chief justice of the supreme court constitute a board of pardons. Its powers and duties shall be defined and regulated by law. The governor in conjunction with the board of pardons has power to grant reprieves and pardons after conviction for an offense against the state except in cases of impeachment.
Notice what isn't in Article V of the Constitution. It doesn't list the State Auditor's responsibilities. I highlighted Sec. 3 because that's about the "powers and duties of governor."
That means that a) the Constitution only created the office of State Auditor. It didn't define the State Auditor's responsibilities. That means that the Auditor's responsibilities are established by Minnesota state statutes. That means that there's nothing constitutionally improper concerning the bill Gov. Dayton just signed. Gov. Dayton can express his displeasure with the just-signed provision.
Rebecca Otto has been complaining non-stop about the bill but she had multiple opportunities to testify against the bill early in the session. She chose not to, which is her option. Her complaints sound more like whining than constructive criticism.
If Gov. Dayton insists that this be repealed, then it's him who will cause a government shutdown. Let Gov. Dayton and Ms. Otto explain why 28 counties have the option of hiring a private auditor but that 59 counties didn't have that option.
Posted Monday, June 8, 2015 10:51 AM
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DFL discontent developing?
If I had a $10 bill for every time a national pundit spoke or wrote about how divided the Republican Party was, I'd be a millionaire many times over. Precious little has been written about the discontent developing within the DFL. Thanks to Dave Mindeman's post , we now have quotes showing how unhappy the DFL is with Sen. Bakk:
"Many of us feel disrespected, taken for granted, and that we were played for fools and pawns in some game of power that only a select few caucus members are playing," Sen. Scott Dibble, DFL-Minneapolis, wrote to Bakk last week in an e-mail obtained by the Star Tribune.
Then there's this:
Sens. Sandy Pappas and Jim Carlson, leaders of that bill's conference committee, were being instructed by Bakk's chief of staff, Tom Kukielka, to approve the controversial change. "Do it," Kukielka said, according to one senator's recollection of the conversation. Pappas and Carlson told the Star Tribune that Daudt and Kukielka had insisted the change was a crucial part of top leadership's final agreement.
This was the State Auditor's provision. Saying that the DFL is upset with Sen. Bakk's agreement on this provision is understatement. Let's just say that Sen. Bakk should hire food testers after that.
There's plenty of support amongst the activists:
Wes Volkenant
06/07/15 21:23
Hear, Hear!
As a DFL Senate District Chair in the northern suburbs, I feel my own sentiments echoed in this entire post, Dave, as well as a series of writings you've shared over the past three weeks.
Thank you for your insight and clarity. We both realize Tom Bakk sits on a bloc of controlling votes in the State Senate that continues to ignore the Twin Cities urban and suburban progressive voters' preferences. I'd sure like to see Senators like Carlson, Hoffman, Dibble or Marty take that leadership role and change the old-fashioned "back room" politics our current regime engages in dictatorially.
That's right. Swap out the only outstate DFL leader and replace him with another Metrocrat. After that, you can change the DFL's name to the Twin Cities Progressive Party. It'll be obvious to everyone that the DFL cares only about the Twin Cities, Rochester and Duluth.
Posted Monday, June 8, 2015 11:26 AM
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Special interests for Otto
It's amazing that the DFL is working itself into a tizzy over the changes to the State Auditor. It's even triggered a fight within the DFL over whether to dump Sen. Bakk as the Senate Majority Leader . It's now accelerated to the point that a bunch of the DFL's most loyal special interest allies are weighing into the fight . Check out the list of DFL special interest allies that've signed onto the letter:
Friends of the Boundary Waters Wilderness
Sierra Club - North Star Chapter
Center for Biological Diversity
Friends of the Cloquet Valley State Forest
Northeastern Minnesotans for Wilderness
Save Lake Superior Association
League of Women Voters - Minnesota
Izaak Walton League of America - Minnesota Division
Protect our Manoomin Water Legacy
Save Our Sky Blue Waters
Wilderness Watch
Land Stewardship Project
Clean Water Action
Alliance for Sustainability
Climate Generation
The letter was signed by Jeremy Schroeder, the executive director of Common Cause Minnesota. Check out this paragraph:
Preserving the State Auditor's audit authority protects taxpayers and is critical for accountability and transparency. Concerns about the effects of allowing local units of government in Minnesota to select their own auditor are bipartisan and significant. State Auditor Rebecca Otto has made a compelling case for the value to taxpayers of maintaining transparent and open audits of local government units in Minnesota. Allowing local units of government to shop for their own auditors opens the door to potential abuse and corruption. Our organizations believe in good governance, and this change decreases transparency and accountability.
That's a flimsy argument. There's nothing standing in the legislature's way of passing a law that establishes criteria that the private auditors would have to meet. That would eliminate any "potential abuse and corruption."
Preserving the State Auditor's audit authority protects the Minnesota Constitution and upholds basic standards for transparent lawmaking. The attempt by the Minnesota Legislature to privatize one of the primary functions of a Minnesota constitutional officer raises significant legal as well as policy questions.
Actually, there aren't any constitutional questions. Minnesota's Constitution establishes the office of State Auditor. It doesn't establish what the State Auditor's responsibilities are. They're established through the legislative process.
Finally, it's interesting that these organizations give a rip about the issue.
Posted Monday, June 8, 2015 12:12 PM
Comment 1 by J. Ewing at 08-Jun-15 04:31 PM
I can understand conservatives objecting to the supposed potential for corruption, or to incompetence from the auditor's office (more likely in this case), but what reason do these liberal interest groups have? Seems like accountability and good accounting would be the last thing they would want.
Response 1.1 by Gary Gross at 08-Jun-15 08:16 PM
Follow the money, guys. These environmental activists know that Otto was their ally in terms of voting against mining leases.
Comment 2 by walter hanson at 08-Jun-15 05:15 PM
Okay. So why do a bunch of environmental groups who care more about the environment care who the state auditor is? That makes no sense. Unless they are convinced the new audit people will waste more paper when reporting their audit results.
Walter Hanson
Minneapolis, MN
Dayton relents on auditor
Gov. Dayton cried uncle on the state auditor issue , clearing the way for a special session later this week:
ST. PAUL (WCCO) - Gov. Mark Dayton 'with great reluctance' has dropped his objections to language that would, he says, decimate the State Auditor's office, but said that other issues still need to be resolved before a special session could happen.
Gov. Dayton got pushed into this because he signed the auditor changes into law less than a month ago. If he wants to whine about it the rest of this summer, that's his decision. He chose to not veto the bill. There's a decent chance that Dayton will continue whining, especially if this is an indicator:
In a letter to House Majority Leader Kurt Daudt, Dayton said, 'As I should have learned from your Caucus' intransigence in other matters, such as an equitable distribution of early learning funds, you remain unwilling to accept a reasonable compromise between our differences.'
Gov. Dayton's plan for universal pre-K was terrible policy that would've cost school districts hundreds of millions of dollars. If Gov. Dayton wants to continue thinking that pushing an unsustainable plan is smart policy making, that's his choice. Republicans rescued Gov. Dayton from himself by halting his foolish proposal.
The State Auditor doesn't get its work done on time. Not just that but the government audits are more expensive than private audits. This notion that privatizing audits is destructive isn't based on the facts. Next year, when the session starts again, Republicans will make a compelling argument that privatization gets the audits done quicker and that it costs less than it currently costs.
Posted Monday, June 8, 2015 8:19 PM
Comment 1 by MtkaMoose at 10-Jun-15 01:33 AM
Gov. Dayton was the State Auditor earlier in his political career. Why he couldn't be bothered by the changes less than a month ago and then became incensed about the bill this month is inexplicable. It's almost Jeckyl & Hyde-like. Hopefully we will find out about his real health issues some day.
Comment 2 by walter hanson at 10-Jun-15 07:53 AM
I kind of found it funny that Dayton is claiming that he is taking the high road and that Republicans were being mean. How about trying to explain why this idea is bad policy which he can't?
Walter Hanson
Minneapolis, MN
Dorholt announces 2016 campaign
Zach Dorholt is back for another bite at the apple :
Former state Rep. Zachary Dorholt announced Monday he will run for the Minnesota House District 14B seat. Dorholt was elected to the House of Representatives in 2012, but was defeated by Rep. Jim Knoblach by a narrow margin in the 2014 election.
The news isn't surprising. The next announcement I expect is that Dan Wolgamott will run for John Pederson's SD-14 Senate seat.
It's true that Jim Knoblach's margin of victory was thin but that's soon forgotten. Since getting elected, Rep. Knoblach has become the chair of the powerful House Ways and Means Committee, which essentially is the nerve center in the House for the budget. That's why he's frequently been part of the budget negotiations, starting back in March.
When Dorholt represented HD-14B, he was vice-chair of the House Higher Education Committee. During his watch, St. Cloud State's enrollment declined precipitously and SCSU's financial troubles got worse. Then-Rep. Dorholt did nothing to push President Potter to get SCSU's financial house in order. Thanks to Dorholt's inaction, there's a huge budget deficit and dozens of professors will get laid off.
I'll be clear about this. President Potter's decisions caused the problem. Dorholt's inaction sent the message to President Potter that he could do whatever he wanted with impunity.
Dorholt, a mental health professional and small business owner, said he is running to put the priorities of St. Cloud-area families, students and businesses first, according to a news release.
That's pure BS. During his term in office, Dorholt consistently voted with the special interest groups. Dorholt's version of putting businesses first is raising their taxes by $2,000,000,000 dollars while temporarily creating new business sales taxes. After the business community expressed their outrage, Dorholt voted to repeal the sales taxes he'd just voted for.
The biggest difference between Chairman Knoblach and Mr. Dorholt is that Dorholt is Rep. Thissen's puppet while Chairman Knoblach is an important leader in the House of Representatives. The question HD-14B voters have to ask is whether they'd rather vote for a puppet or for an influential leader.
I've made my decision. I'll vote for Jim Knoblach because he's a leader, a man of integrity and someone who gets important things done.
Posted Tuesday, June 9, 2015 6:30 AM
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