From: ShunkW <shunkw@sbcglobal.net>
Date: Sun, Apr 11, 2010 at 11:20 PM
Subject: Rob Sherman files $2.3 Billion federal lawsuit against State of Illinois
To: ShunkW <shunkw@sbcglobal.net>
Rob Sherman files $2.3 Billion
federal lawsuit against State of Illinois
Rob Sherman filed a federal lawsuit ( Complaint, Exhibit A, Exhibit B, Exhibit C ), yesterday evening in the federal court in Springfield, to block $2.3 billion in Illinois grants from the $31 billion Capital Bill that was enacted into law last year. Sherman is challenging 176 grants on various constitutional grounds, but most of the challenges are for violating the separation of state and church. (Alpha list of 155 unconstitutional grants, alpha list of 21 potentially unconstitutional grants, detail list of why each grant was challenged.)
The case is Sherman v. Quinn et al, Case Number 10-cv-03086 in the United States District Court for the Central District of Illinois, located in Springfield. The case was filed in Springfield because that's the location of the offices of the State officials who administer and pay the grants.
Most of the grants challenged by Sherman, Illinois' leading atheist, go to religious organizations -- houses of worship, parochial schools and religious ministries. Clear, unambiguous language in Article X, Section 3, of the Illinois Constitution says that no grant of money shall ever be made by the State to any church for any purpose. Article X, Section 3, also strictly prohibits public funds from ever being used to help support any parochial school. In addition, Article I, Section 3, of the Illinois Constitution provides that no person shall be required to support any ministry against his consent.
Grants to houses of worship that are being challenged in this lawsuit include $150,000 for Louis Farrakhan's Nation of Islam Temple in Chicago. The Nation of Islam is best known for advocating the hatred of white people. With our tax dollars?
Grants to parochial schools that are being challenged include $500,000 for a new school building for Christ the King Jesuit College Prep (Roman Catholic high school) in Chicago. The sponsor of this grant of our tax dollars, State Representative LaShawn Ford, is on the Board of Trustees of Christ the King College Prep. Who is Rep. Ford representing in the General Assembly? Us or them?
Grants to religious ministries that are being challenged include $35,000 to the Hillel Foundation at Northwestern University, whose mission is "to inspire every Jewish student to make an enduring commitment to Jewish life." With our tax dollars. Oy!
As you can see, I'm not just picking on one faith.
The lawsuit was filed by Richard Whitney of Carbondale, one of Rob Sherman Advocacy's many civil rights attorneys. Whitney is also the candidate for Governor of the Illinois Green Party. Sherman is the Green Party Wheeling Township Committeeman in Cook County.
The largest single grant being challenged is for $2.23 billion to Governor Pat Quinn, who is one of the three Defendants in the lawsuit. The grant allows the Governor to essentially play Santa Claus and give the money to pretty much anybody or any organization that he wants. This grant violates Article VIII, Section 2(b), of the Illinois Constitution, which says, in pertinent part, that "The General Assembly by law shall make appropriations for all expenditures of public funds by the State."
"By law" means that the General Assembly is required to pass a law that stipulates what the specific purpose is for how the money will be spent, and what organization will receive the money for that purpose; for each and every expenditure of public funds. That appropriations process has numerous checks and balances, such as:
· a legislator in each house of the General Assembly who must sponsor the expenditure;
· committee hearings that permit public input from proponents and opponents in both houses of the legislature;
· votes by committees in both houses of the General Assembly, where the expenditure must be approved to get out of committee;
· votes by the full membership of both houses of the legislature, on each expenditure; and then
· final approval by the Governor.
These multiple procedures are supposed to ensure that public funds are spent prudently and in a constitutionally permissible manner. The Illinois Constitution does not give the General Assembly the power to waive their part of the process and delegate full appropriations authority solely to the Governor.
Since when is Pat Quinn the King of Illinois? If Pat Quinn were to be allowed unilateral authority to make spending decisions on billions of dollars of public funds, spending decisions could be done with none of the checks and balances established by the Constitution to ensure that public funds are spent prudently and in a manner that is permitted by the Constitution. Article VIII, Section 2(b), was put in the Constitution specifically to prevent the kind of spending authority by the Governor that is being challenged by Sherman.
Perhaps, however, that's exactly what the General Assembly had in mind. The only way to sneak through imprudent or unconstitutional expenditures without being noticed is to do it in secret. The way to do it in secret is to have the King do it in a process that has no public hearings, no public input nor any public oversight, whatsoever, and does not give the public the opportunity to object until after the money has already been spent and it's too late to change anything.
The other two Defendants are Warren Ribley, the Director of the Illinois Department of Commerce and Economic Opportunity ("DECO"), and Dan Hynes, the Illinois State Comptroller. Mr. Ribley is named because DCEO is the agency that writes and administers the grant agreements between the State (the "Grantor") and the organizations that are the recipients (the "Grantees"). Mr. Hynes is named because the State Comptroller cuts the checks to pay the grants.
Some of the grants that Sherman is challenging go to organizations that have a policy of "No atheists allowed." These grants include $100,000 to the Boy Scouts in Rockford and $200,000 to the Free Masons (Masonic Lodge) in Springfield.
Several challenged grants go to subsidize the cost of operating private news publications that offer partisan views and advocacy editorials on the subjects that they write about. These grants include $600,000 to N'DIGO in Chicago. This constitutional challenge questions whether the First Amendment "Freedom of Speech" clause is violated by requiring one set of taxpayers to financially underwrite the expressions of opinion by another set of taxpayers.
Several challenged grants go to subsidize the cost of infrastructure improvements on private property. These grants include $50,000 to the private, gated community of Candlewood Lake, which is located 9 miles south of the Wisconsin state line in the center of Boone County (the next county west of McHenry County). This constitutional challenge questions whether such a grant violates Article VIII, Section 1(a), of the Illinois Constitution, which says, in pertinent part, that "Public funds shall be used only for public purposes." At issue is whether Article VIII, Section 1(a), of the Illinois Constitution, is violated when taxpayers are stuck with paying for the cost of improvements on private property, and then told that they can't enjoy the use of the private property that they were just forced to pay to improve.
The Honorable Jeanne E. Scott is the Judge to whom the case has been assigned. Judge Scott is a Clinton appointee who graduated from Bradley University in Peoria and got her law degree from Northwestern University School of Law in Chicago.
According to Whitney, the first appearance or hearing in court on this case will probably be in about two weeks. Rob Sherman News will keep you posted.
Previous Rob Sherman News stories on this subject matter:
Thursday, June 4, 2009: Illinois General Assembly donates your tax dollars to their favorite churches
Friday, June 5, 2009: Rep. Jack Franks explains how Pork Bill got approved
Tuesday, June 9, 2009: Governor's Office responds regarding Pork Bill
Thursday, June 11, 2009: Rep. Lou Lang comments on Pork Bill
Tuesday, June 16, 2009: Legislature must eliminate tax donations to churches and parochial schools
Tuesday, June 30, 2009: Governor asked to veto tax donations to churches, parochial schools
Tuesday, July 7, 2009: The Illinois "Santa Claus and Scrooge" budget
Friday, July 10: General Assembly caught playing hide-the-ball on donations to churches and parochial schools
Wednesday, July 15, 2009: Governor meets with Sherman over Capital Bill dispute
Wednesday, July 22, 2009: Conservatives agree with Sherman: Stop State funding of religion
You'll love this one: Tuesday, July 28: Madigan spokesman bitterly complains: "Who made Rob Sherman king?"
You'll love this one, too: Thursday, July 30: Jubilee Market owner refuses to talk about $1 million State grant
Friday, July 31, 2009: Quinn budget announcement cuts no money from religion grants
Wed., Aug 19: IL Gov, AG and House Speaker discuss Pilgrim Baptist and Capital Bill scandals with Rob Sherman
Thursday, August 20, 2009: IL House Speaker Madigan discusses religious organization grants in Capital Bill
Tues., Aug 25: Gov. Quinn discusses Pilgrim Baptist litigation and Capital Bill state/church separation controversy
Wednesday, August 26, 2009: Lisa Madigan promises progress on Pilgrim Baptist litigation
Sunday, August 30, 2009: Legislative crime spree devastates Illinois public schools
Monday, August 31, 2009: Parochial school parents are not unfairly paying twice
Tuesday, September 1, 2009: New taxes to support churches and parochial schools take effect today
Wednesday, September 2, 2009: Hynes dodges specifics regarding cutting grants to religious organizations
Friday, September 11, 2009: Dan Hynes gets it right at Buffalo Grove Days Parade
Wednesday, September 30, 2009: Americans are fleeing religion as atheism surges
Thursday, October 8, 2009: Illinois cancels $1 million grant to Pilgrim Baptist Church
Wednesday, October 28, 2009: Topinka discusses tax dollars for religious organizations
Monday, January 18, 2010: Sherman files challenge to $2.3 Billion in unconstitutional Illinois State grants
Friday, February 5, 2010: Legislators sponsor millions in grants to themselves
Tuesday, February 16: Sherman discusses unconstitutional Illinois grants to religious organizations on the Dogma Free America Show
Sunday, March 14, 2010: State Government Suggestion Award Board to decide next week on Sherman challenges to $2.3 Billion in state grants to religious organizations
Monday, March 29, 2010: Illinois agency says they lack power to deny $2.3 billion in challenged grants
http://www.robsherman.com/news/2010/04/08.htm
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