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Title: Milwaukee city attorney claims Walker’s bill is unconstitutional
Source:
biztimes.com
URL Source: http://www.biztimes.com/daily/2011/ ... lkers-bill-is-unconstitutional
Published: Feb 28, 2011
Author: staff
Post Date: 2011-02-28 20:11:13 by Ferret Mike
Keywords: None
Views: 21775
Comments: 34
Wisconsin Gov. Scott Walker’s state budget repair bill would be unconstitutional because it would violate the constitutional “home rule” that protects cities and villages from interference in local pensions by the state, according to a legal opinion issued today by Milwaukee City Attorney Grant Langley. In a letter to Milwaukee Alderman Joseph Dudzik, Langley stated, “… in our judgment, the courts would find the statue unconstitutional on three grounds: first, that it unconstitutionally interferes with and intrudes upon the city’s home-rule authority over its pension plan; second, that given certain vested rights or benefits that have accrued to employees currently in the plan, the statute would constitute an unconstitutional impairment of contract rights under the state and federal constitutions; and third, given these same vested rights or benefits, the proposed statute would violate the due process clauses of the state and federal constitutions because it would abrogate the terms and conditions of the Global Pension Settlement …” Dudzik had requested Langley’s opinion on the constitutionality of Walker’s plan, which would revoke the collective bargaining rights of thousands of public employees in the state. After receiving Langley’s opinion, Milwaukee Mayor Tom Barrett today sent a letter to Walker, requesting that Walker seek a legal opinion from the Wisconsin Attorney General on the matter. The following is the text of Barrett’s letter to Walker: “I am enclosing an opinion that was just issued by the independently elected Milwaukee City Attorney, Grant Langley. The City Attorney opines that the State cannot statutorily change the structure of the City of Milwaukee’s Employee Retirement System as proposed in the Budget Adjustment Bill. “In 2012, if applied to general city employees, this change would impact the City of Milwaukee by $8.3 million. If applied to Police and Fire unions, as it should be, it would impact the city by another $14.4 million. “In his opinion, City Attorney Langley writes that the state is unable to enact changes to Milwaukee’s Employee Retirement System benefit structure for the following reasons: Constitutional Home Rule, contractually vested property rights, and provisions included in the city’s Global Pension Settlement of 2000. “I am unconvinced that an increase in the employee share of the annual pension payment necessarily dilutes the benefit. The employee share of the benefit payment may increase but, the benefit does not decrease. “Because I cannot ask him for an opinion, I am asking you to please ask the Attorney General to review the attached opinion as soon as possible and provide me with an assurance that your office and state legislative drafters reviewed these legal issues during the bill drafting process. In response to an inquiry by a Milwaukee legislator’s office earlier this week, the Legislative Council indicated that since this is a matter of statewide concern, the language is constitutional. “It is my hope that all public employees should be required to pay more toward their pension. “For your reference, this provision can be found in Section 149 of the bill and was amended by Senate/Assembly Amendment 1. It is imperative that I am able to implement this contribution change or else we are at risk of having to implement across the board wage reductions. I would appreciate your request for swift review and response by the Attorney General.” Walker’s spokesman was not immediately available to comment on Barrett’s letter or Langley’s opinion. Ongoing coverage of the issue will continue in Tuesday’s BizTimes Daily bulletin.
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#1. To: Ferret Mike (#0)
Union hack attorney. I didn't read your whole article but I know it didn't quote from the constitution of Wisconsin. My brain is to advanced for you liberals.
Exactly. Umm... not to defend that pathetic sack of shit who calls himself "ferret mike," but that's "too," not "to." FYI... ;)
Socialist ass-hats think "There will be no more money when the U.S. dollar has no value, until that time we can keep printing more." And yes, that IS from LF's answer to Ben Bernanke, go65, leading disfunctional and delusional socialist of the forum. "You want me to kill THE ENEMIES of Jappos, I'll kill THE ENEMIES of Jappos, Rebs, or Sioux, or Cheyenne... For 500 bucks a month I'll kill whoever you want. But keep one thing in mind: I'd happily kill you for free." Algren, "The Last Samurai" More like your ego makes your mouth write a check your intellect can't cover.
state and federal global.....huh?? what no universal.....no "galaxian" in there?? hello??? head shaking chuckles....
Death to everybody who does not get outta my way. To: e_type_jag (#1) "I hate that you're off the plantation" 9-03-2010 Sheets Jerx .........(Why Fred???why the hate???....was it because my left Vibram sole made a lasting imprint on your face as I stepped over your constantly prone body and hopped the plantation wall. Message to lycra bra cross dressing dwarf if it returns....FOAD
Well, we shall see if this attorney's opinion flies when this bad law is litigated, won't we?
Mike you are aware that 20 other states have no collective bargaining for state workers right? The people have spoken. Elections have consequences. You liberal wack jobs are bankrupting the nation. Only out for yourselves.
Stone, you realize I already posted that fact in a previous post?
Actually, we won't Mike. That's why the grandstander put this crap out into the media for his 15 seconds rather than heading right on down to his local leftist federal judge to petition for an injunction. But then few here would expect you to look at the obvious absurdity of noting some irrelevant fluff globalist "agreement" in any kind of actual legal matter....afterall it's your "religion" that clouds your perceptiveness:)
Death to everybody who does not get outta my way. To: e_type_jag (#1) "I hate that you're off the plantation" 9-03-2010 Sheets Jerx .........(Why Fred???why the hate???....was it because my left Vibram sole made a lasting imprint on your face as I stepped over your constantly prone body and hopped the plantation wall. Message to lycra bra cross dressing dwarf if it returns....FOAD
Grant there is an orphan named war who needs sucked off. Go suck on willie.
He has a reputation for being legally conservative.
You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your conditions which you simply take for granted you owe to the efforts of men who are better than you. Ludwig von Mises in a letter to Ayn Rand
You sure like talking about this. Why is that? I never deal with pornographic commentary unless I talk to someone who imposes this sort of bait into the mix, like you. Bottom line. You should get that imagery out of your head instead of renting it space.
According to the latest polls, if the election were held today Walker would not be elected governor.
You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your conditions which you simply take for granted you owe to the efforts of men who are better than you. Ludwig von Mises in a letter to Ayn Rand
According to the POLLS FOR THE LAST YEAR AND A HALF Obama wouldn't be elected President. Not that he is really president right now. He is the pretend president. We don't have one right now.
Obama was elected by popular vote and the electoral college, took the oath of office and is the President.
You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your conditions which you simply take for granted you owe to the efforts of men who are better than you. Ludwig von Mises in a letter to Ayn Rand
Walker is the Governor. He took the oath of office and is an American citizen. Obama wasn't born here. Flies land on him. He has a wife that has a dog face. Real Americans absolutely loathe the walking talking piece of crap.
You've never had a fly land on you?
You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your conditions which you simply take for granted you owe to the efforts of men who are better than you. Ludwig von Mises in a letter to Ayn Rand
How come some chickenshit city hack's opinion on Constitutionality gets credibility w/ the Loony Left but bonafide Federal judges' rulings are ignored? If this clown is such a legal eagle let him follow the Constitution and take it to court, his opinion is pure bull shit until he gets a judge to rule in his favor.
45 Who then is a faithful and wise servant, whom his lord hath made ruler over his household, to give them meat in due season? 46 Blessed is that servant, whom his lord when he cometh shall find so doing.
You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your conditions which you simply take for granted you owe to the efforts of men who are better than you. Ludwig von Mises in a letter to Ayn Rand
Chuckles......the grandstand has been dismantled after the 15 second window or what, on this super duper top notch "get right on it" topic Mike?
Death to everybody who does not get outta my way. (decided to retire the beatdowns on old worthless retread posters that are bozoed)
Respect the fact and rescind the stupid comment about polls which mean nothing then. You won't, you duplicitous dolt. Nor does anybody here think you carried that same level of respect for jorge boosh after his election and oath taking. Duplicitous dolt.
Death to everybody who does not get outta my way. (decided to retire the beatdowns on old worthless retread posters that are bozoed)
Tell that to your idiot conservacousins who don't respect the fact President Obama is Christian, born in Hawaii, was elected fairly to the presidency and is faithful to the oath of office he took. Otherwise, you know where to stick you hypocrisy.
Leftard....the day you tell me what to do is......well.....not coming:) Also bud....you best not list anything as "fact" that you have no personal knowledge of. I think....."think" being the operative, that obama is a legit citizen and have made my opinion known. As for true to his office and oath that's again your opinion and not fact in any way. christianity has less than zero bearing on any issue. His decision to just not follow the DADT law on the books is a perfect example of straying from the separation of executive and judicail branch definitions shows that your FUCK ASSHOLE pitiful excuse for a "dear leader" has little regard for oaths or performance of constitutional duties that he is supposed to be following. Same thing would have been for boosh to declare by shear fiat that roe v wade was "just not constitutional" and that he'd make sure his Justice department just ignored it. Fraud fake shilling hypocrite that you are, you would not see that dichotomy even if it were in the form of a 2x4 upside the noggin. You epitomize situation ethics. and for that you command little respect. I have some slots available.
Death to everybody who does not get outta my way. (decided to retire the beatdowns on old worthless retread posters that are bozoed)
Actually that would be valid. That was a usurption by the supreme court. Obama is ignoring laws passed by the legislature. 9th amendment violation.
Duplicitous dolt. George Bush actually lost the popular vote by half a million votes, after he took the oath I accepted that he was president and wished him well.
You have the courage to tell the masses what no politician told them: you are inferior and all the improvements in your conditions which you simply take for granted you owe to the efforts of men who are better than you. Ludwig von Mises in a letter to Ayn Rand
You obviously are ignorant as to what the Supreme Court is, what it does and how it works. That's all you demonstrate with your silly 'usurption' comment. You should read up or take a course on it.
Actually that would be valid. That was a usurption by the supreme court. Obama is ignoring laws passed by the legislature. 9th amendment violation. I wonder why Bush didn't use a signing statement for that.
"http://first-draft-blog.typepad.com/.a/6a00d8341c5ced53ef0148c7a28c4b970c-320wi"
Gay and lesbians have the right to serve and are normal, decent citizens. Your bigotry is an affliction and your problem. And you are a hypocrite whining about respect for a Koch tool like Walker when you know no respect to any office holder who's political paradigm offends you.
opinion again stated as dogmatic fact. btw i didn't say what my opinion was on homosexuals did i? no i didn't.....and you have no clue who in my family might fit that label.....but like the shrill dude you are you have jumped to a conclusion at my mere mention of the MOST recent abrogation of the Constitution by your toolish nazi brown shirted pig now "serving" as president. It just happened to be DADT. i'll say this only once to you mike fwiw.....I'm a mutt...same breed as your toolish "dear leader". I've bashed many a honky plantation fucker over at LP and that's one of the reasons (my getting sick of that buck tooth jethro crap over there) why i'm here. so piss the hell off on lecturing me on bigotry you hand wringing honky leftist motherfucker fraud. sheesh....you complain about baiting tactics and yet practice them right and left. find a mirror.
Death to everybody who does not get outta my way. (decided to retire the beatdowns on old worthless retread posters that are bozoed)
Then I'll retract if true and commend you for that. Though I revile the boosh too he was the POTUS as is the current reviled dear leader. But unlike you proned leftists, my knee remains unbent.
Death to everybody who does not get outta my way. (decided to retire the beatdowns on old worthless retread posters that are bozoed)
Probably because he was only mildly pro life. Or he was lying to get votes.
Homosexuals are perverted. They have no rights that other people don't have. They should be seeking help with their problem. Instead of you encouraging wicked behavior. When somebody is doing something wrong you don't tell them that it is right and ok. That is like telling Ted Bundy that he is a good guy and everything will be ok. I understand that you can't help it. I mean you fell out of a tree and hit your head. You yourself said that you used to take a moral position on the issue. You should stay out of trees Mike. They are for squirrels and birds and men with testosterone.
My opinion is from having to deal with haters and baiters like you in part. You show your colors with this testosterone swipe. Dick heads like you pick on peers when they are in high school using 'gay' as a brand to harass and bully despite the sexual orientation of your victims. I read the material about homosexuals on the American Psychiatric Association (APA) site when we had the Oregon Citizen's Alliance (OCA) trying to use gays and lesbians as a wedge issue to divide Oregonians and to gain support for their agenda on other things. I was prompted too by my participation in many great and lively threads on Time.Com/Politics, and I learned that gay and lesbian people are well adjusted, productive citizens that only have one different aspect of their lives that affected no one else any more than having brown eyes instead of blue. You sir need to grow up. You joke about my statue, but I'm here to tell you, ass hole. If I ever saw you in real time picking on someone over real or perceived details about their private sexual lives, I'd be right in your face about it backing them up. Bullies like you don't worry me.
testosterone was a little swipe. Mostly for humor purposes. I never picked on no queers in high school. I don't think anyone would have admitted to being one back then. There was still a stigma to being one back then, due to the higher moral of people that were around back then.
Mike I don't really care if someone wants to be a queer. It is their business. However when they try to push it as normal acceptable behavior. I will speak out. I don't think they should adopt kids or teach in schools.
#2. To: A K A Stone (#1)
Union hack attorney.
My brain is to advanced for you liberals.
#3. To: A K A Stone (#1)
#4. To: Ferret Mike (#3)
(Edited)
would violate the due process clauses of the state and federal constitutions because it would abrogate the terms and conditions of the Global Pension Settlement
#5. To: e_type_jag (#4)
#6. To: Ferret Mike (#5)
#7. To: A K A Stone (#6)
(Edited)
#8. To: Ferret Mike (#5)
#9. To: Ferret Mike, war (#0)
Grant Langley
#10. To: A K A Stone (#1)
Union hack attorney. I didn't read your whole article but I know it didn't quote from the constitution of Wisconsin. My brain is to advanced for you liberals.
#11. To: A K A Stone (#9)
"Go suck on willie."
#12. To: A K A Stone (#6)
The people have spoken. Elections have consequences. You liberal wack jobs are bankrupting the nation. Only out for yourselves.
#13. To: lucysmom (#12)
According to the latest polls, if the election were held today Walker would not be elected governor.
#14. To: A K A Stone (#13)
Not that he is really president right now. He is the pretend president. We don't have one right now.
#15. To: lucysmom (#14)
#16. To: A K A Stone (#15)
Walker is the Governor. He took the oath of office and is an American citizen. Obama wasn't born here. Flies land on him. He has a wife that has a dog face. Real Americans absolutely loathe the walking talking piece of crap.
#17. To: Ferret Mike (#0)
#18. To: A K A Stone (#9)
Grant there is an orphan named war who needs sucked off. Go suck on willie.
#19. To: Ferret Mike (#5)
Well, we shall see if this attorney's opinion flies when this bad law is litigated, won't we?
#20. To: lucysmom (#14)
Walker was elected by popular vote , took the oath of office and is the Governor.
#21. To: e_type_jag (#20)
"Respect the fact and rescind the stupid comment about polls which mean nothing then."
#22. To: Ferret Mike (#21)
Tell that to your idiot conservacousins
#23. To: e_type_jag (#22)
Same thing would have been for boosh to declare by shear fiat that roe v wade was "just not constitutional" and that he'd make sure his Justice department just ignored it.
#24. To: e_type_jag (#20)
Nor does anybody here think you carried that same level of respect for jorge boosh after his election and oath taking.
#25. To: A K A Stone (#23)
"That was a usurption by the supreme court."
#26. To: A K A Stone (#23)
"Same thing would have been for boosh to declare by shear fiat that roe v wade was "just not constitutional" and that he'd make sure his Justice department just ignored it."
#27. To: e_type_jag (#22)
#28. To: Ferret Mike (#27)
(Edited)
Gay and lesbians have the right to serve and are normal,
#29. To: lucysmom (#24)
George Bush actually lost the popular vote by half a million votes, after he took the oath I accepted that he was president and wished him well.
#30. To: Rek (#26)
I wonder why Bush didn't use a signing statement for that.
#31. To: Ferret Mike (#27)
Gay and lesbians have the right to serve and are normal, decent citizens.
#32. To: A K A Stone (#31)
#33. To: Ferret Mike (#32)
My opinion is from having to deal with haters and baiters like you in part. You show your colors with this testosterone swipe. Dick heads like you pick on peers when they are in high school using 'gay' as a brand to harass and bully despite the sexual orientation of your victims.
#34. To: Ferret Mike (#32)
I was prompted too by my participation in many great and lively threads on Time.Com/Politics, and I learned that gay and lesbian people are well adjusted, productive citizens that only have one different aspect of their lives that affected no one else any more than having brown eyes instead of blue.
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