An old saying says, “There is nothing sure but death and taxes.” Now add to that “and the enduring school mess in Arkansas”  created by Chancery Judge Collins Kilgore and the Arkansas Supreme Court. They both presume they have the power to tell the legislature what to do when in fact they don’t. While they can rule all they want, the legislature and the governor can tell both of them to take a hike since they have no enforcement powers, having no Constitutional authority for making anyone do anything in this matter. In effect, the courts have made themselves another legislature and as such believe they aren’t answerable to anyone in the matter.

All the rulings by Kilgore and the Supremes hinge on the Arkansas Constitution which says the state shall provide for an adequate education for its citizens. The problem at this point is that no one knows what the definition of adequate should be but the court knows what it isn’t, or so it thinks.

The various school districts, ever eager to obtain more money, have petitioned the court for further review of the actions of the legislature. They want the court to determine that what the legislature did in the 2005 session doesn’t provide enough money for them. It seems that some of the districts never think they have enough money so they are seeking court mandated increases.

A further look at the rulings made by Judge Kilgore and the Supremes points out more problems with the school funding debacle. The idea in our society is that everything has to be equal and fair and if it isn’t, the court can somehow remedy the unfairness and inequality of whatever they perceive as needing remedy.  Never mind that life isn’t fair, that never enters their socialist oriented minds.  Another problem is that by usurping the powers of the legislature to create laws and provide for funding, effectively makes the legislature a puppet controlled by the Supreme Court and obviously subject to their beck and call.

Increasingly judges in the various courts in this nation are taking it upon themselves to act in ways that aren’t within their job descriptions.  The judges claim that courts have co-equal powers since they are an equal branch. Those who don’t know any better agree with them, but a reading of the U.S. Constitution and the constitutions of the states will show that they don't have one word stating that the courts are co-equal.  The duties of the three branches are clearly delineated and creating legislation and managing school aren’t included in the list of duties and powers for the courts.

Now that the Court has appointed Masters to look at the school situation, let them do so. Then when they present their findings, the governor and the legislature should ignore them since none of what the Supreme Court is doing can pass constitutional muster.  What will they do, order out the National Guard, ask for federal troops or what? Since the court doesn’t have powers to enforce rulings, the result would be nothing but a ridiculous situation should they try to enforce what they can’t do in the first place.

Governor Huckabee said one time that some of the things that went on in this state reminded him of a banana republic. The school mess is fast becoming a mushy, rotten banana for all concerned. It is long since past time for the court to butt out and a let the people and the legislature solve the problem; and the butting out includes all the lawyers and schools who are eager to pad their bank accounts and line their pockets at the expense of the taxpayers. All that has transpired to date is an example of Supreme Nonsense perpetrated by those who should know better.

© 06-19-2005 DEC