Kansas Constitutional Crisis?

State Rep Mary Pilcher Cook Shawnee (R)	"That's what this is all about today ... keeping our republican democracy." [efg's note: Sorry, but I only videotaped a small part of Mary's talk, so I cannot give any other quotations.]
State Rep Lance Kinzer Olathe (R)	"We should spend an adequate amount to fund education in Kansas. The question is how do you arrive at the determination of what that adequate amount is." "This notion that taxation without representation was tyranny ... that the founders gave control of the purse -- of appropriations -- to representative branches alone." Kinzer will be introducing two constitutional amendments on Wednesday morning "that will serve the purpose of allowing people to weigh in -- have a voice -- in this controversy. " See complete text of Kinzer's speech
State Rep Frank Miller Independence (R)	The yellow sheet about tax votes "is all wrong .. and false ... I'm going to put it in the right file". Miller then put the sheet in a nearby trash can. "it's not about school funding, nor is our presence here today about being a Democrat or a Republican." "The Supreme Court has misused its judicial power." "...three branches -- the Executive branch, the Legislative branch, and the Judicial branch -- each having equal but separate power" "the Supreme Court ... is ... usurping the authority of the Legislature." "We must weigh all legislation and appropriations against the needs of all governmental agencies and the taxpayers." "Tax money taken from parents also hurts the children in our schools." "And for what I strongly believe is the will of the majority of my constituents ... I SHALL NOT acquiesce to the Kansas Supreme Court." "I believe what this court is doing and what many of our courts are doing all over the nation are small steps in the direction of national suicide"
State Rep Richard Carlson St. Mary's (R)	"I was visiting with an educator. ... She said 'Well, how can you defy the Court?' 'How will we teach our children .. if our own legislature defies the court?' " "I said, 'well, as an individual, and the Supreme Court makes a decision that affects me -- of course, I would obey a Supreme Court decision. It is the law of the land.' But in a constitutional republic and the democracy we have, when I step up to the well in the house -- the elected house of representatives of the people -- I'm speaking for the people that elected me." "The legislature is the co-equal body of government."

At least one Democrat was not particularly pleased with the rally attended mostly by Republicans. David Petet (Topeka, Democrat) sat in the shade under a tree on the south side of the Capitol, across the street from the Kansas Judicial Center with the signs shown below.

When asked to explain the sign "Republians are Facists" he listed a number of "class envy" arguments that seemed to deal more with the U.S. Congress than the Kansas legislature. He is especially annoyed at Shawnee County residents that benefit from Topeka services, but don't pay Topeka taxes. Petet didn't seem to have any problem with the Kansas Supreme Court dictating to the Kansas Legislature, and didn't respond when asked if the two bodies were separate and equal in the Kansas Constitution.

In Petet's June 13th letter to the Topeka Capital-Journal Petet called for marital law to resolve the problem! Petet doesn't seem to have grasp on how a democratic republic form of government works. From Petet's letter:

"The crisis in Kansas education has gone through all of the required legal hoops of a democracy. The fact that the Republican state representatives have failed, over a six-year period, to meet the requirements of the Kansas Constitution has cost the taxpayers/citizens more than $3 million."
"Thus, the governor placing the state under martial law can resolve this crisis. Activate the Kansas Army National Guard and order the return of state representatives to the capital. Then, order specific National Guard units to place under arms any and all absent members and escort them to the Legislature Master of Arms for duty."

Petet doesn't seem to grasp that the Legislature, the Governor, and the Supreme Court are all equal branches of government.

Petet was distributing the article Living Under Fascism, which was a sermon given by Unitarian minister Davidson Loehr, supposedly to back up the claim made in his sign that "Republicans are Facists."

Petet also passed out a "Culture of Life" poem, which he composed in April. I could not find any of the verses in the poem that dealt with the "Life" issue. Petet seemed to just want to bash Republicans, e.g., the third verse:

Brownback on your couch with V chip remote.
Kline in your bedroom with monitoring tapes.
Ryun's spy ware tracking your internet mouse.

Petet has written other letters to the Topeka Capital Journal, such as his Jan 2, 2005 letter in which he claimed "The grass-root efforts of the conservative Christians is a clear and present danger to all."

The Kansas Bar Association passed out a flyer at the capitol telling the press that their president, Rich Hayse, would address any questions concerning the role of the Judiciary and the Bar in the school finance decision in front of the Kansas Judicial Center following the rally.

Hayse gave me his press release titled, "Public misinformed in school finance case." With that title alone, Hayse should listen to the comments by State Rep Richard Carlson (above).

I find it somewhat scary to see the leader of the Kansas Bar Association showing such a shallow understanding of the three co-equal branches of government, and the Kansas Constitution, and making such a weak excuse for not following the Constitution. And these folks have a role in picking replacement Supreme Court justices?

And all this confusion over the word "suitable"? Our democracy itself is at risk with attorneys and courts like this.

And why is the Kansas Bar Association honoring the judge that tried to order the closing of Kansas schools?

efg

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