Facebook Twitter eEdition Your News Business Directory List Business Classifieds Subscribe NEMisJobs NEMissPreps NEMSHomes NEMSDeals

Analysis: Lawsuits aim to show Barbour's limits
by Shelia Byrd/The Associated Press
2 years ago | 1665 views | 6 6 comments | 11 11 recommendations | email to a friend | print
Gov. Haley Barbour
Gov. Haley Barbour
slideshow
Mississippi Attorney General Jim Hood and some Democratic legislators want to teach Gov. Haley Barbour a lesson about the extent of his gubernatorial authority.

That's the reason two lawsuits challenging partial vetoes by the Republican governor are still pending, and if history is any indication, Barbour might lose these fights.

The most recent complaint deals with Barbour's veto of state funding to cover overtime pay for Highway Patrol troopers.

Barbour issued his partial veto this July, saying the provisions within an appropriations bill restricted the management authority within the state Department of Public Safety. The governor said allocating the overtime funding, nearly $3 million, could force cuts in other critical agency areas.

As far as troopers are concerned, the issue was resolved recently when DPS Commissioner Steve Simpson said he would restructure the pay scale for the law officers to ensure they get their additional pay. Barbour said Simpson's actions were acceptable.

The combative public relationship between Barbour and Hood was evident in the attorney general's comments after Simpson announced the pay scale changes.

"It's a shame it took a lawsuit to force the governor to do what was right," Hood, a Democrat, said in an e-mail. "We will continue with our lawsuit because it will take the court to make the governor understand he does not rule the state single-handedly."

Barbour's response last week: "Having the Legislature attempt to micromanage the day-to-day operations of state agencies isn't in anyone's best interest, it's not good policy, and that's why I vetoed that part of the Senate Bill 2041."

The complaint filed in Hinds County Chancery Court in early August by Hood, House Speaker Billy McCoy of Rienzi and House Appropriations Chairman Johnny Stringer of Montrose challenged the constitutionality of Barbour's veto. The Democrats contended the governor's action was "an unconstitutional and significant encroachment" on the authority of the legislative branch.

In court documents, Hood wrote there was more than 100 years of precedent interpreting a governor's limited ability to overstep legislative authority to appropriate money by means of a partial veto.

A similar complaint against Barbour was filed in chancery court in 2007. That suit was brought by Hood, Sen. Gray Tollison, D-Oxford, and Rep. Joe Warren, D-Mount Olive.

The complaint asked the court to stop Barbour in his attempt with a partial veto to block $5.5 million in grant money allotted to Hood's office for youth programs.

The case is still pending.

"I think there needs to be a statement of the law. We need to get a ruling so we won't go through this again and again," Tollison said last week.

Some observers might argue that Hood's complaints against Barbour are an extension of partisan bickering or the byproduct of an atmosphere of political anticipation. Barbour is restricted by term limits from seeking another four years in office. There's speculation that Hood — currently the only Democrat holding a statewide office — could seek the gubernatorial nomination for the 2011 election.

But the partial veto debate didn't begin with Barbour. Two previous governors, Republican Kirk Fordice and Democrat Ronnie Musgrove, were unsuccessful in similar attempts to veto segments of legislation.

In 2002, a Coahoma County chancery judge ruled that Musgrove's partial veto of $54.7 million budgeted for private prisons was unconstitutional. The state Supreme Court made the same ruling in 1995 after Fordice vetoed selected projects from two bond bills in 1993.

McCoy shrugs off suggestions the trooper pay complaint has anything to do with political posturing.

"It's really an important constitutional question to me," McCoy said.
Comments
(6)
Comments-icon Post a Comment
5960lady
|
September 08, 2009
Maybe halel barbour needs to stop giving away our taxs dollars to the foreign governments to get them to come here to set up plants that they never finish,i understand hes talking to china,

Why not thats where he helped send benchcraf to.

How is that working out for ever one?

Sure hope you all keep him in ms.
amego
|
September 07, 2009
It's a shame all of Hood friends and money giver's are in jail. I wonder why he couldn't find any state laws that his friend had broken, all federal laws broken and no State laws were broken. lol
sandlot1959
|
September 07, 2009
right shuffle...the thing that said that is the most bothersome to me, is that 'most Mississippians dont know that we will be left to foot the bills leftover after the stimulus funds run out'....Now I have to say that I know some good folks that vote democrat, but they never seem to focus too much on the real issues of the day...I think they think they have some unspoken but long practiced mandate to vote "democrat" no matter who is running or what they stand for...Recently, I heard a friend of my wife, who was talking about her grandparents, say something to the effect that 'my grandparents would vote for satan as long as her ran as a democrat'...Bad enough is that statement, however exagerated it might be, is that her grandfather has been an ordained minister in the Tupelo area for decades...Now I'm sure that if Satan suited up and ran for office, had the horns, pointed tail and all, that these nice people I mentioned wouldn't vote for him....on the other hand, when a normal looking breathing human being who espouses the same type of values that the devil might promote, abortion, homosexual marriage, etc, they go right out and vote the devil's conscience...either way, you don't contribute to conservative principles...and you don't help solve problems...you only set the stage for new ones....its "almost" like liberalism is a mental illness that cannot be treated...
doghaus
|
September 07, 2009
McCoy talking about a constitutional issue---laughable----Hood for gov and ike brown for lt. gov---a comical pair
shuffle02
|
September 07, 2009
sandlot,

most Mississippians do not realize that we will be left to foot the bill of these things that were setup with the stimulus money. WE will be the ones that have to come up with the extra cash in less than two years. It will either be paid for with higher taxes or limited services or both. Thank you, MS dems for talking like financial conservatives but acting like financial liberals.

It amazes me when a person seeking an office in MS is part of the Democrat party but will say that they are pro-life, pro-gun and financially conservative. Should we not look at these people and automatically eliminate them as a possible candidate just based on the fact that they aren't wise enough to pick the right team? I mean honestly... Its just like a vocal State fan giving money to the Ole Miss athletic department and then asking all State fans to support him.
sandlot1959
|
September 07, 2009
AG Hood was a rising star in the democratic party until he decided to continually taking on Governor Barber and on these legal issues, only to lose each time...I even voted for Hood when he rean for AG but its obvious, he isn't the same man he was before he ran...quest for power has turned him into the also-rans that run our state legislature...I'm glad that Haley puts his foot down and realizes that EVERY single whim the state gets that involves increased revenue to fund-revenue that JUST ISN'T THERE--is unreasonable and must be vetoed...our state legislature thought NOTHING of taking stimulus money to fund unemployment measures that after two years, would have no money to fund them...you can't keep spending money all the while hoping that the money will turn up somewhere...If the Republicans would stick to their stated principles instead of waffling when the dems start hurling accusations, I believe the Democrat party would cease to exist as it does now...