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The Leavenworth Times - Leavenworth, KS
  • Letter to the editor: Just follow the constitutions

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  • To the editor:
    In Ernest Evans' column in the June 21-22 Leavenworth Times, he reached the correct conclusion that if the people want greater funding for government schools, they should not go through the unelected judges on the Kansas Supreme Court to get it, but should attain their goals by working through their elected legislators.
    The Leavenworth School Board was wrong to vote to join a lawsuit $186,000 ago and wrong to vote to spend more to keep the case alive. It’s nutty for our elected School Board members to sue us for more of our tax dollars to pay board plaintiff attorneys, and then to pay for state attorneys to defend us.
    Furthermore, our Kansas Constitution provides that our elected representatives, not courts, have the duty to appropriate dollars to be spent on education. The Kansas Supreme Court has no right to legislate from the bench and should have refused to take the case.
    Our state court patterned itself as a legislative body much like the U.S. Supreme Court did in the “ObamaCare” lawsuit and that bill originated in the Senate. At the federal level, the elected House of Representatives appropriates the money. Here, too, the U.S. Supreme Court disobeyed the U.S. Constitution, Article I, Section 7, Clause 1 (the origination clause): “All bills for raising revenue shall originate in the House of Representatives.”
    It seems that “shall” is imperative to all but the courts. So, the highest court in the nation should have refused to hear that case.
    This shows another reason why citizens should elect the people they put on the courts at all levels because many times they rise through the courts without a direct vote of the people.
    For instance, locally Bob Davis was elected as county attorney. Then, without a pure vote of the people, he was seated on the District Court, then the Appeals Court, and then the Kansas Supreme Court, and there through tenure became Chief Justice. So, if the steps up the ladder are without a vote of the people, don’t be surprised when they overstep their legal bounds, and ignore citizens of this constitutional republic.
     
    Donna Gillett
    Leavenworth

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