Dear Santa: New York State Has Been VERY Naughty!

On Political Class Dismissed a motion has been submitted against the State of New York!

The details of the case can read in full at Political Class Dismissed regarding a Pork Lawsuit Motion for Reargument.

The gist of the situation, aside from New York State being VERY naughty is that the government has more or less been working with special interests to ensure not only that incumbents get re-elected, but that politicians are able to receive kickbacks in the form of campaign donations.  The motion is based on several major points which have been posted in the block quote below.

  • I. THE COURT MISAPPREHENDED THE LEGISLATIVE HISTORY OF THE BAN ON GIFTS.
  • II. THE STATE’S BRIEF FAILED TO PROVIDE AN ACCURATE VIEW OF THE PURPOSE OF THE 1874 BAN ON GRANTS
  • III. THE STATE MAY HAVE MISSTATED THE PURPOSE OF THE WORDS “IN AID OF” AT ORAL ARGUMENT.
  • IV. THE COURT ALLOWED POLICY CONSIDERATIONS TO INTERFERE WITH CONSTITUTIONAL INTERPRETATION.
  • V. THE MONEY OF THE STATE MAY NOT BE GIVEN TO A PUBLIC CORPORATION FOR A PRIVATE PURPOSE—ECONOMIC DEVELOPMENT.
  • VI. THE 1961 AMENDMENT TO THE GIFT CLAUSE DEMONSTRATES THAT THE CONSTITUTION HAD NOT PREVIOUSLY ALLOWED A PUBLIC CORPORATION TO MAKE GIFTS TO PRIVATE FIRMS FOR ECONOMIC DEVELOPMENT.
  • VII. THE COURT SIMPLY IGNORED THE ARGUMENT THAT THE STATE MAY NOT DO INDIRECTLY WHAT IT CANNOT DO DIRECTLY.
  • VIII. BY RELYING ON MURPHY AND OVERRULING WESTCHESTER, THE COURT HAS IGNORED THE ACTUAL LANGUAGE OF THE CONSTITUTION AND SUBSTITUTED ITS OWN POLICY PREFERENCE FOR CORPORATE WELFARE.
  • IX. THE COURT IGNORED OR VIOLATED SEVERAL WELL-ESTABLISHED PRINCIPLES OF INTERPRETATION.

Jim Ostrowski is the Attorney for Appellants in this instance, and a man to follow if you share the cause of Liberty!  Make sure to check out his website, Political Class Dismissed which features other prominent writers as well — OR else you’ll get a big lump of coal!