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Eric Dietz

Minneapolis, MN
Commenter for
4 years 6 weeks

Recent Comments

Posted on 07/12/11 at 02:10 pm in response to Fuller argument that partial shutdown is unconstitutional

A few things.

Kaardal's approach to the situation is contradictory. While I understand the practical logic of continuing spending to fulfill MN's Constitutional mandates and to avoid any Supremacy Clause conflicts, those exceptions clash with the heart of his argument: that no spending is warranted unless it is appropriated by law. If Kaardal insists on relying on a strict construction of that text, it seems disingenuous and contradictory to allow for any deviation. Ultimately,...

We spend a lot of time trying to interpret Constitutional language though the literal text, context, and original intent. Perhaps a textual argument would stop all state spending on all programs, but is that really what the Minnesota Constitution was designed to accomplish in this situation? This is our government, so is that what we desire of our government in this situation? I would think not. Finally, one purpose of a Constitution is that it establishes the powers of government....