Court Reviews Constitutionality of Governor Dayton's Veto

Attorneys representing the Minnesota Legislature and Governor Mark Dayton made their cases before Ramsey County Judge John Guthmann in St. Paul on Monday, June 26. At issue is the constitutionality of Governor Dayton's line-item veto defunding the House and Senate over the coming two-year budget cycle.

Governor Dayton used the line-item veto as leverage to bring lawmakers back to the negotiating table to reconsider a handful of measures in the recently signed tax bill. Dayton said he signed the tax bill due to a "poison pill" tactic in the state government bill, which would have unfunded the Minnesota Department of Revenue if the tax bill was vetoed.

Attorney Douglas Kelley, representing the legislature, argued that Governor Dayton's veto is unconstitutional because its intention is to coerce concessions rather than object to a specific appropriation and that by defunding the legislature's appropriation, Dayton is diminishing a branch of government protected by the state's constitution.

Arguing on the Governor's behalf, former Supreme Court justice Sam Hanson said that it is unconstitutional to question the intent a governor's veto, because the veto represents an exercise of executive power. He argued further that the constitution guarantees the right to core funding for the legislature, rather than an appropriation, and that the legislature could access the necessary funding through the courts, as happened in 2001, 2005, and 2011.

In the meantime, both sides jointly requested that Judge Guthmann grant an injunction that would provide an additional 90 days of funding for the legislature while the constitutional matter is before the Court.

Judge Guthmann took the attorneys' arguments under advisement.