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Tag: Uh Oh.

Sorry Bill But

By JGillman, Section News
Posted on Tue Jul 30, 2013 at 09:24:43 AM EST
Tags: Michigan, Detroit, Corruption, AG, Bill Schuette, Garage Sale, DIA, Constitution, Pensions, Uh Oh. (all tags)

You are wrong this time.

The bizarro side of the world is wondering what you might be up to, but we have less tolerance for the games. Don't play on their turf, because at some point you will realize all the friends you brought with you are gone. A realization of the truth will make short work of this:

"Consistency and the state constitution demand that Attorney General Bill Schuette fight to protect the pensions of Detroit retirees from being downsized in bankruptcy court. It's Schuette's job to defend state laws, and he can't pick and choose which ones he fights to protect.
Schuette filed Monday to intervene in the bankruptcy proceedings on behalf of pensioners.
The move puts him at odds with Gov. Rick Snyder, who supports Emergency Manager Kevyn Orr's position that retirees will have to sacrifice along with other creditors to resolve Detroit's $18 billion debt."

Of course even the editorialist will figure it out quickly enough.

The Michigan Constitution has many things that need to be enforced, but Article 9 Section 24 cannot be used in this case. The average Joe can tell you that Article I, Section 8, Clause 4 of the US constitution says so.

"Both state legislation and state courts tended to use debtor-creditor laws to redistribute money from out-of-state and urban creditors to rural agricultural interests. Under the Articles of Confederation, the states alone governed debtor-creditor relations, and that led to diverse and contradictory state laws. It was unclear, for instance, whether a state law that purported to discharge a debtor of a debt prohibited the creditor from trying to collect the debt in another state. "

Ah, Detroit. Bankruptcy, being one of the (few) enumerated powers of the federal government pretty much throws a bucket of Strohs river water on what might be a flickering candle of hope that Schuette's words are said with any seriousness. In a few years no one will care what he does now anyhow.

The constitution of the US is primary. Federal bankruptcy law which is derived from specific mandates it is absolute under this example.

But there IS a constitutional issue the Attorney General can investigate.

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