The photo was taken on May 8, 2016: one year after the Illinois Supreme Court Decision.
For the ruling click here.
Click on each of the following date links:
To blame
public employees is an attempt to further suppress any knowledge of the
cause-and-effect relationship between a State’s budget deficit and the State
pension systems. To hold teachers and other State employees responsible
for the financial mess is reprehensible and alarming, especially since full
payments to the public pension systems were never made by legislators. It does
not take long to realize how dubious and perilous some ploys are and how
indefensible and unethical they might be.
To change public
employees' constitutionally-guaranteed pension with the passage of a law that
mitigates certain benefits and to deprive public employees' rights to bargain
is an encroachment of their right to human dignity and justice. It is a calculated infringement of
contractual principles. Those legislators who knowingly create and pass such a
law supported by fabricated causality violate their oath of office.
The significant
issue of pension reform is its attack on public employees’ rights to
constitutionally-guaranteed, earned compensation and the legislators’
obligation to safeguard those promises. An unconscionable constitutional
challenge of those rights and earned benefits generates a serious threat to
their secure sense of worth as citizens and creates the unfair possibility for
an economic disadvantage for a particular group of people and their families.
This can never be legally or morally justified.
Because the
foundation of citizens’ rights is the State and U.S. Constitutions, I believe
that state contracts are protected; that the fifth and fourteenth amendments of
the United States Constitution protect due process of law, and that Article
XIII, Section 5 of the Constitution of the State of Illinois also protects
public employees' and retirees' pensions. I believe the legal basis for
protection of past-and-future public pension benefits and rights are
established in both constitutions unless, of course, they are foolishly traded
away through consideration or modification of contract principles.
I wrote many times in this blog that a constitutional contract between the State of Illinois and its public employees must be viewed as a legal, moral commitment and requirement of justice, that justice demands we keep our covenants with one another, and keeping an agreement means a concern to promote the well-being of public employees and retirees and to secure their rights and benefits without any devaluation of the agreement.
I wrote many times in this blog that a constitutional contract between the State of Illinois and its public employees must be viewed as a legal, moral commitment and requirement of justice, that justice demands we keep our covenants with one another, and keeping an agreement means a concern to promote the well-being of public employees and retirees and to secure their rights and benefits without any devaluation of the agreement.
The
Illinois General Assembly does not possess "reserved sovereign
powers" to diminish a constitutionally-protected pension. The
state's chronic underfunding of its public pension systems for decades cannot
warrant the impairment or diminishment of public employees' pension benefits
and rights.
We cannot mistake the meaning of words such as “shall be an enforceable
contractual relationship, the benefits of which shall not be diminished or
impaired” because we understand and speak the English language. If words in our
State Constitution are to refer or mean anything, they must be commonly
understood and accepted as they have been for decades. Moreover, if words are to refer to
anything, they must also be understood through their use, role, employment and
past agreements.
We
know corrupt legislators will pass laws for their own advantage. We should
recall that despite their pledges, the legislators’ criteria for justice are
their considerations for what is expedient for them—their re-elections to
remain in power and wealth. We must never become complacent in our belief that
justice exists for those who simply “fight the good fight”; nor should we
become indifferent to political power and what exorbitant wealth can buy.
It is evident
that Illinois legislators will continue to dispute one of the Bill of Rights
contained in both the Illinois and U.S. Constitutions instead of addressing the
real causes of the state's budget deficits: the pension ramp, the resultant
pension debt, and the state’s insufficient flow of revenue.
What these legislators should be doing is reexamining the concept of justice and what lawfulness demands: that people must keep their covenants with one another. No justice is accomplished when diminishing public employees' constitutionally-guaranteed benefits and rights. What needs to be diminished, however, is the continuation of legislators' irresponsibility, corruption, and incompetence.
Any modifications of the Pension Protection Clause by the Illinois General Assembly should be seen for what it is: an accommodation for “only” the General Assembly who have stolen money from the public pension systems for decades and are, thus, avoiding a pre-existing duty rule.
What these legislators should be doing is reexamining the concept of justice and what lawfulness demands: that people must keep their covenants with one another. No justice is accomplished when diminishing public employees' constitutionally-guaranteed benefits and rights. What needs to be diminished, however, is the continuation of legislators' irresponsibility, corruption, and incompetence.
Any modifications of the Pension Protection Clause by the Illinois General Assembly should be seen for what it is: an accommodation for “only” the General Assembly who have stolen money from the public pension systems for decades and are, thus, avoiding a pre-existing duty rule.
Most Illinois
citizens (who have read this blog) recognize the incessant schemes of the Civic
Federation, Civic Committee, Illinois Policy Institute, and their minions in
the Illinois General Assembly (and governor) that blame public employees and
retirees for the chronic Illinois budget crisis.
Most Illinois
citizens (who have read this blog) also recognize that some politicians, who
lack moral sensibility and legal understanding, have no qualms about stealing
money from the public pension funds and ignoring the Illinois Supreme Court’s
ruling against any form of unconstitutional public pension theft.
I reread Doris Heaton et al., Appellees v. Pat Quinn, State of Illinois, et al., Appellants (filed on May 8, 2015) once again today.
ReplyDelete“Justice Karmeier delivered the judgment of the court, with opinion. Chief Justice Garman and Justices Freeman, Thomas, Kilbride, Burke, and Theis concurred in the judgment and opinion.”
Paragraphs 1-41 presented the “Opinion.”
It was declared that the State of Illinois (Illinois General Assembly) violated Article XIII, Section 5: The Pension Protection Clause; Article 1, Section 2: Due Process and Equal Protection Laws (Judges were not included); Article 1, Section 15: Right of Eminent Domain (The Takings Clause) and Article 1, Section 16: Ex Post Facto and Contract Clause of the Constitution of the State of Illinois.
Paragraphs 42-50 presented an analysis of whether Public Act 98-599 violated the Pension Protection Clause. Eighteen court cases were used to substantiate the argument.
Paragraphs 51-89 presented an analysis of the so-called “Reserved Sovereign Powers of the State of Illinois.” Thirty court cases were used for the rebuttal.
Paragraphs 90-96 presented an argument against "Severability." Three court cases were used for the refutation.
It is an outstanding document!