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Current Events » in reply to Judicial activism in Kansas

The taxpayers aren't the first to feel the pain in this case.

It's the students of Kansas. If the Supreme Court of the state must act in such an extraordinary fashion in order to guarantee sufficient funds for their education, which is a duty that the legislature has apparently not fullfilled, then the legislature needs to be taken to task by the taxpayers.

The date "July 1" is telling. Many states have their school budgets on a calendar that requires new allocations by the end of May or the beginning of June in order to make sufficient purchases, repairs and upgrades for the upcoming school year. If this had been done, instead of party bickering over the budget, the Supreme Court would not have had to kick the legislature's ass back into special session, which is essentially what it has done.

If the legislature is so upset about tax hikes, they should begin by cutting their own salaries and staffs to make up for the shortfall, since they are the ones not doing their jobs. To wit:

Kansas Constitution, Article 6, Par. 6, Sec. B:

(b) The legislature shall make suitable provision for finance of the educational interests of the state. No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law. The legislature may authorize the state board of regents to establish tuition, fees and charges at institutions under its supervision.


Please note the third word, "shall". "Shall" has specific power and meaning in legal terminology. It means the same as "must" in regular conversation. It confers no options. Please note also, in the link in the article Fox provided to the legal opinion, that part of the squabble involves inequitable funding for the various regions of the states. Pennsylvania is struggling with this too; it goes to the fundamental principle of equal opportunity.

Unfortunately, the children of Kansas can't vote. Nor can they emigrate to Oz.

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