Governor Ted Strickland is not making the mistakes that Taft made which were to look as if he didn't care that Republicans were violating the public's trust. Strickland, by saying that there seems to be a double standard at work in the AG's office when four people lose their jobs but Dann doesn't, is trying to make sure that the damage is limited to Dann.
One of the problems that Dann has is that when you win election by talking about the faults of the other team, your margin of error is substantially reduced. You have to keep out of trouble yourself. You can't afford to be involved in a "romantic" relationship with a 28 year old employee.
The Ohio Constitution allows the Governor to appoint someone to the position of Ohio Attorney General if the position becomes vacant. If Dann resigned and such a vacancy occurred, then, depending on when the vacancy occurred, Strickland's appointee would either run this November in the 2008 election, or would run in the 2010 election.
In a state that usually tilts Republican, and with a Republican party that is usually well-funded by business interests, the Ohio Democratic Party can't afford to keep Dann around as Attorney General. Look for more pressure to be put on him to resign in the coming weeks.
Showing posts with label Ohio Constitution. Show all posts
Showing posts with label Ohio Constitution. Show all posts
Saturday, May 03, 2008
Wednesday, April 25, 2007
Sen. Bill 117 & the Ohio Constitution's Impairment of Contracts Clause
One of the bills being talked about in the General Assembly is Sen. Bill 117 which would apparently wipe out local franchise agreements between cable tv providers and local governments. Apparently members of the General Assembly are taking some heat from mayors and other local government officials. You can read about their pressuring the Ohio Senate by clicking on the link in this entry's title.
What Sen. Bill 117 supposedly does is wipe out local franchise agreements and replace them with one state-wide franchise agreement. What is interesting about this proposal is that it would seem to violate the Ohio Constitution. The Ohio Constitution contains a provision that prohibits the impairment of contracts. The clause is found in Art. II, Sec. 28, which reads as follows:
§ 28. Retroactive laws The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state.
If Sen. Bill 117 would "wipe out" local franchise agreements, then how could it not be a law impairing the obligation of contracts? It would seem that such a law would violate the Ohio Constitution. Of course what is interesting about this debate is how it would seem to go against three supposed "conservative" values. They are respect for local governments, respect for the sanctity of contracts freely entered into between contracting parties, and respect for the property right that is, according to many conservative writers, implicit in such contracts.
So why is the supposedly "conservative" GOP that controls the General Assembly pushing such a bill? Because in the final analysis the GOP has become the corporate party of American politics. Conservative values are fine as long as they don't interfere with what private corporations want, but if such a conflict happens, then corporate interests will win out almost everytime.
What Sen. Bill 117 supposedly does is wipe out local franchise agreements and replace them with one state-wide franchise agreement. What is interesting about this proposal is that it would seem to violate the Ohio Constitution. The Ohio Constitution contains a provision that prohibits the impairment of contracts. The clause is found in Art. II, Sec. 28, which reads as follows:
§ 28. Retroactive laws The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state.
If Sen. Bill 117 would "wipe out" local franchise agreements, then how could it not be a law impairing the obligation of contracts? It would seem that such a law would violate the Ohio Constitution. Of course what is interesting about this debate is how it would seem to go against three supposed "conservative" values. They are respect for local governments, respect for the sanctity of contracts freely entered into between contracting parties, and respect for the property right that is, according to many conservative writers, implicit in such contracts.
So why is the supposedly "conservative" GOP that controls the General Assembly pushing such a bill? Because in the final analysis the GOP has become the corporate party of American politics. Conservative values are fine as long as they don't interfere with what private corporations want, but if such a conflict happens, then corporate interests will win out almost everytime.
Sunday, January 28, 2007
Gov. Strickland Reviews Minimum Wage Exclusion
The Cleveland Plain Dealer reported on its website Sunday that Gov. Ted Strickland is reviewing legislation passed by the GOP-controlled General Assembly in the last days of the late, unlamented Taft Administration, that exempts certain occupations from Ohio's new minimum wage amendment. (You can link to the article by clicking on the arrow next to this entry's title.)
The irony is that if a business doesn't pay the minimum wage and relies on the bill passed by the General Assembly, it could end up paying the attorney fees of an employee suing to enfore the provisions of the amendment. The sponsors of the minimum wage amendment were smart enough to insert that provision into the amendment's language. It would have been smarter, and even easier, to have just adopted the language of the amendment and not tried to exempt certain industries from paying the new minimum wage, but that would not have helped the GOP's business allies. Because, in the end, it all comes down to following the money.
The irony is that if a business doesn't pay the minimum wage and relies on the bill passed by the General Assembly, it could end up paying the attorney fees of an employee suing to enfore the provisions of the amendment. The sponsors of the minimum wage amendment were smart enough to insert that provision into the amendment's language. It would have been smarter, and even easier, to have just adopted the language of the amendment and not tried to exempt certain industries from paying the new minimum wage, but that would not have helped the GOP's business allies. Because, in the end, it all comes down to following the money.
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