Minnesota Supreme Court decision upholds separation of powers

Common Cause Minnesota and the League of Women Voters Minnesota applaud the decision by the Minnesota Supreme Court to protect the separation of powers.

While the court did not specifically rule on the constitutionality of Minnesota’s unallotment statute, it provided necessary guidance on how unallotment should occur without disrupting the balance of power between the three branches of government. The need for preserving this balance was the central argument in a brief submitted by Common Cause and the League of Women Voters Minnesota. The brief states that “these unallotments will represent a significant and dangerous shift in power from the Legislative Branch to the Executive Branch, permitting the Governor to engage in lawmaking with respect to spending levels and spending priorities.”

“The governor’s use of the unallotment statute demonstrated a clear abuse of power by the executive branch,” said Mike Dean, executive director of Common Cause Minnesota. “The court used its constitutional authority to place a check on the power of the executive branch as the founders intended.”

In the majority opinion, Justice Magnuson said, “The unallotment authority so construed (by the appellant) would result in an alternative budget-creation mechanism that bypasses the constitutionally prescribed process. There is nothing to suggest that was the purpose for which the unallotment statute was enacted.”

“The decision of the Supreme Court provides the necessary guidance for the executive branch in attempting to unallot legislative appropriations” said Keesha Gaskins, Executive Director for LWV Minnesota.” This decision lays the groundwork for bi-partisan budget negotiations that will respect the authority of both the executive and legislative branches.”