A coming constitutional crisis?

The governor floated the idea yesterday of ignoring the state Supreme Court if it rules against him. The question, which has no answer at the moment, is what comes next? Would the court step in as it did in the 1970s and close the schools until the crisis is resolved? Would a Democratic Legislature move to impeach the governor? Could it? What might that do politically in a year when the entire Legislature is up for election?

In the end, a constitutional crisis is bad for every single resident of the state.

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  • Certainties and Uncertainties a chapbook by Hank Kalet, will be published in November by Finishing Line Press. It can be ordered here.
  • Suburban Pastoral, a chapbook by Hank Kalet, available here.

The choice seems clear

Admittedly, there is no good solution to the litigation now in front of the state Supreme Court. The Christie administration’s gutting of the state school funding law has and will continue to do damage to schools — not just in the state’s cities, but in suburban districts, as well. Reinstating the money, however, will blow a hole in the state budget — a problem that will have an impact on numerous other programs.

But there is a way out of this, I think, and it starts with a reinstatement of the so-called millionaires’ tax, which had provided $1 billion in revenue while it was in place and would go a long way to plugging the $1.6 billion education-funding shortfall.

It is a point that the court — in the person of Associate Justice Barry Albin — alluded to in its questioning (from NJ Spotlight):

In one twist, he asked about the so-called millionaire’s tax at the center of political dispute for two years, not calling it that but making it clear in describing the surcharge that Christie let expire, costing the state $1 billion in revenues.

The state said it had no money to provide districts, he said, but this was not the first time it had been in a fiscal hole.

The response from Peter Verniero, the former associate justice representing the Christie administration, was silence, as Robert Braun points out:

Verniero would not answer Albin. He simply would not talk about the millionaire’s tax — in or out of court. He just ran away from the issue.

“I know you are still in a fiscal crisis,” Albin said, “but when the promise was made [to fully fund the formula in 2009], there was a $1 billion funding source and now we’re $1 billion less.”

Verniero wouldn’t comment, but Gov. Chris Christie has made it clear that he believes the surcharge on income is bad for the state. The governor believes it drives high-earners from the state and suppresses job growth, but his critics — rightly, I think — ask how the governor can ask nearly everyone else in the state to sacrifice, especially those at the lowest end of the income spectrum, while handing a gift to the handful of people affected bu the surcharge.

Consider this blog post from New Jersey Policy Perspective, the liberal think tank that has reviewed the budget, which sets the governor’s slashing of the state earned income tax credit (a 25 percent cut) alongside a $41 million tax break handed to Campbell Soup.

This cutback in tax credits for working families comes even as the Christie administration and the Legislature are expanding tax credits for corporations in New Jersey.

For example, last month the state awarded Campbell Soup a $41 million tax credit to renovate its corporate headquarters, move 49 jobs from Cherry Hill to Camden and hire 50 new employees at the Camden site over the next 10 years. The credit includes $6.3 million for new furniture. Campbell qualifies for the subsidy, officially called the Urban Transit Hub Tax Credit, which is aimed at redeveloping urban centers, because its offices are within a mile of the Walter Rand Transportation Center.

The total cost to the state to fund that tax credit to Campbell Soup is nearly as much as the $45 million in savings gained by reducing the state EITC.

Raymond J. Castro, who wrote the post, asks a question that the court should ask — and may be asking, if Albin’s questioning of Verniero can be applied to the entire court:

So who needs this help the most, one of the largest corporation in America or working New Jerseyans who can barely make ends meet to support their children?

The governor, who talks a lot about making the state more affordable for the middle class, has made it obvious what he believes the answer is.

  • Send me an e-mail.
  • Read poetry at The Subterranean.
  • Certainties and Uncertainties a chapbook by Hank Kalet, will be published in November by Finishing Line Press. It can be ordered here.
  • Suburban Pastoral, a chapbook by Hank Kalet, available here.

    Name-calling is not an argument

    You don’t have to like your political opponents. You don’t have to speak well of them. You might even call them names, if you like.

    But you should not pretend that doing so advances your argument. Someone should tell the governor that.

    • Send me an e-mail.
    • Read poetry at The Subterranean.
    • Certainties and Uncertainties a chapbook by Hank Kalet, will be published in November by Finishing Line Press. It can be ordered here.
    • Suburban Pastoral, a chapbook by Hank Kalet, available here.

    Can the threats and debate the budget

    Before anyone gets too hot under the collar, isn’t the threat of cuts being pushed by the Christie folks on a par with the same kinds of extortion pushed at other levels of government? Christie says the school money will have to come from somewhere — which is logical. The question is where and the Christie administration has its ideas — none of which are good or helpful for the state.

    We need to discuss our options — a millionaires’ tax, further service cuts, a rewrite of the tax code, etc.

    • Send me an e-mail.
    • Read poetry at The Subterranean.
    • Certainties and Uncertainties a chapbook by Hank Kalet, will be published in November by Finishing Line Press. It can be ordered here.
    • Suburban Pastoral, a chapbook by Hank Kalet, available here.

    This one shot is our only shot

    Democrats are correct when they complain that the governor’s transportation funding plan amounts to a one-shot solution. But at least it’s a solution.

    Democrats have shown little interest in finding a long-term funding arrangement for the transportation fund, which has been broke for several years and funded through a series of other one-shot gimmicks.The fact is, no one in state government has the political backbone to put the one thing on the table that would generate recurring revenue — an increase in the state’s gas tax, which is among the lowest in the nation.

    Without it, we are destined to chase one-time funding solutions that will not be able to keep up with our needs and our roads will continue their deterioration.

    • Send me an e-mail.
    • Read poetry at The Subterranean.
    • Certainties and Uncertainties a chapbook by Hank Kalet, will be published in November by Finishing Line Press. It can be ordered here.
    • Suburban Pastoral, a chapbook by Hank Kalet, available here.