Thoughts and Opinions On Today's Important Issues

Wednesday, June 09, 2010

Fact Checking The DRIC-ite Fact Checkers

The DRIC-ites are really getting desperate now since they have finally woken up to Constitutionnal issues with DRIC and P3s, especially Presidential Permits which the Ambassador Bridge project does not need.

Hooray for constitutional lawyers. That will tie up matters in the Courts for generations once that kind of litigation gets starts. US Supreme Court, here we come

Here is what the DRIC-ites wrote:
  • Is an Agreement to Build the DRIC Constitutional?

    Question: Is the offer from Canada to cover all MDOT costs on the DRIC allowed by the constitutions of the U.S. or Michigan?

    The Michigan State Constitution states that;

    “This state or any political subdivision thereof, [or] any governmental authority. . .may enter into agreements for the performance, financing or execution of their respective functions, with . . . the Dominion of Canada, or any political subdivision thereof unless otherwise provided in this constitution."

Not so fast DRIC-ites. That is NOT the offer. Remember that Canada's so-called generous offer has to be paid by tolls and so a P3 is supposedly required. MDOT under the P3 Bill is given the exclusive power to deal with tolls. The DRIC-ites neglected to mention about tolls. I wonder why.

Nor is what the DRIC-ites set out the law. Here is what the Michigan Constitution actually says:

  • "Sec. 5. Subject to provisions of general law, this state or any political subdivision thereof, [or] any governmental authority ...may enter into agreements for the performance, financing or execution of their respective functions, with ...the Dominion of Canada, or any political subdivision thereof unless otherwise provided in this constitution."

The DRIC-ites also forgot:

  • "§ 2 Separation of powers of government.

    Sec. 2. The powers of government are divided into three branches; legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution."

Don't the DRIC-ites remember that the Michigan AG has already resolved the issue of tolls against them:



Here is what Rep Opsommer wrote as well:


And clearly, the P3 Bill is an Executive powergrab of a Legislative function that is not permitted constitutionally in my opinion.