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Thursday, February 17, 2011

The Cheesehead Revolution

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From completely off my radar I'm now reading about a state governor who has ordered the state police to round up members of the Wisconsin legislature. TPM reports:
...the state's Democratic senators have left the state entirely, putting them out of the reach of the state police who have been ordered to round them up so that Republicans have a quorum and can take up Gov. Walker's union-busting budget bill.
There's a whole separate discussion we might have about the state's power to legislatively "bust" labor unions. But the thing to think about is this: since when in the United States can the executive branch of any state "round up" members of the legislature and make them participate in a session? That is how a junta works, not a democracy.

Can the governor also order the state police to round up members of the opposition party for any other reason? What is the legal theory that justifies an apparent violation of the separation of powers in any state of this union? Does the 10th Amendment permit states to establish forms of governance that are forbidden by the U.S. Constitution? What specific law are the Wisconsin legislators violating here?

An interesting aspect of this executive coup against workers' rights in Wisconsin, again according to TPM, is that
...Scott Fitzgerald, who is ordering the state police to track down the wayward Democratic senators is the son of the head of the state police, Steve Fitzgerald, who in turn was appointed to the top spot by Walker. Steve Fitzgerald is also the father of the state's speaker of the House, Jeff Fitzgerald.
The denial of a quorum by a minority group of members is a legitimate parliamentary maneuver. It's no more obstructionist than what happens in the U.S. Senate when the minority party filibusters bills that clearly have support of the majority. It's no more obstructionist than Ronald Reagan's famous "veto pen," which he smugly wagged into the Kliegl lights the many times he shot down laws passed by both chambers of Congress in the 1980s. So the issue shouldn't be whether obstructionist tactics are legal, because they are, and Republicans are much more adept at using them than Democrats.

The issue is this: is an obstructionist parliamentary maneuver by members of a state legislature illegal in the State of Wisconsin? How about in other states?

This is going to be really interesting. Wisconsin was an incubator of American progressive politics in the first half of the 20th century, and the tradition persists. Nobody knows how this will play out in terms of union busting, but it should give a significant stimulus to the concept of union solidarity in the Cheesehead state.

And in my opinion there is not a single working man or woman in this nation who has any smidgen of "enlightened self interest" in rooting for "Governor Scott Fitzgerald." "Governor Scott Walker" (duh).

2 comments:

  1. http://www.youtube.com/watch?v=1Rni9Cwoe6g

    AnarchistOpposition

    ReplyDelete
  2. AO: Thanks for this. I feel it deserves to be posted at the top level, so that's what I'll do with it.

    ReplyDelete