Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Ohio Constitution’

… With Ohio , Now What [#Voter I.D. bill]…

Posted by paulfromwloh on Monday,August 10th,2015

.. actually , it is not hard .

.. provide photo I.D.s free of charge to those who do not have them .

.. most likely there will not be many folks to what this applies . Many of them will likely be of low income , so they will not have much money . But the required documents should not be hard to find and provide …

.. what about a ballot challenge ? .. there would likely be one , but in Ohio ,there is a way to block it . Just change the provisions of the state I.D. program , and put it in the state budget . it can even be done in a supplemental budget bill , if needed …

.. why ? in Ohio , if the policy changes are included in provisions to the state budget , then there can be no ballot measure to repeal it .

.. [h/t —]…
.. [link] to the blog opinion ..

.. yes , there will be court challenges . Thankfully , Ohio is in the Midwest [and in the 6th Appeals Circuit] . The 6th Appeals Circuit is one of the most conservative circuits in the country , which will help to blunt any court challenges …

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… What Governor Kasich is doing is Wrong ! …

Posted by paulfromwloh on Tuesday,October 15th,2013

… more than that , I believe what he is doing is unconstitutional …

… The State of Ohio has what is known as a Controlling Board . What it is is a (Fiscal) Contrl Board , that can make minor

English: The Great Seal of Ohio.

English: The Great Seal of Ohio. (Photo credit: Wikipedia)

changes , within fiscal years , or between fiscal years . Oh yea , this stuff is authorized and approved by the Constitution of the State of Ohio . But what Gov. Kasich is proposing to do is waaaay off base .

.. John Kasich wants to utilize the Ohio Controlling Board to approve the rerouting of federal obamacrapcare funding to allow for the expansion of ObamaCrapCare to poor Ohioans . Normally , this is something that the Governor signs off on , after legislation is passed by the Ohio General Assembly [the Ohio House and the Ohio Senate , each voting to approve the bill] . It is also something that can be placed into Ohio ‘ s two – year biennial budget . However , it was not done in either case .

.. from PJMedia ‘ s Paula Bolyard
Despite Tea Party Opposition, Kasich Will Bypass Ohio Legislature to Expand Medicaid

This week, Ohio Governor John Kasich’s administration asked the seven-member Ohio Controlling Board to appropriate federal Obamacare funds for the purpose of Medicaid expansion, bypassing the state legislature.

The Obama administration approved Ohio’s request to amend its Medicaid program so that people making up to 138 percent of the federal poverty level ($32,499 for a household of four) would be covered. The state’s Medicaid director, John McCarthy, submitted the request Sept. 26 with a corresponding request for the Controlling Board to appropriate the federal funds without the approval of the Republican-controlled legislature, which has stalled Kasich’s plans for Medicaid expansion.

The Controlling Board consists of the chairs of the Senate and House Finance Committees (currently Republicans) and a

John Kasich

John Kasich (Photo credit: Wikipedia)

Republican and Democrat from both houses. The director of the OMB (a Kasich appointee) serves as the board’s president. Generally, the board’s duties include transferring funds between line items or fiscal years, allowing for emergency funding, and approving grants and loans made by the Department of Development. There is speculation that the two Democrats and the Kasich appointee would vote for the Medicaid expansion, so Kasich would only need to secure one additional Republican vote to win approval from the board. Senate President Keith Faber, a Republican, said he believes Kasich has the authority to turn the decision over to the Controlling Board. “I’m certainly a defender of legislative rights, and I would think a better solution would be a legislative option, but the governor does have that authority,” he said.

However, questions remain about the authority of the board. The Ohio Revised Code prohibits the Controlling Board from carrying out any action “which does not carry out the legislative intent of the general assembly.” But Kasich spokesman Rob Nichols justified the action, saying, “Only the General Assembly can authorize Medicaid to spend funds in this way, either through a bill or the Controlling Board.” Kasich, vacationing in Europe, was not available for comment, the Dispatch reported.

Despite Kasich’s heavy-handed lobbying and arm-twisting on behalf of Medicaid expansion, the Republican legislature stripped the provision from Kasich’s biennial budget and has failed to act on his demands to expand the program to an estimated 270,000 additional Ohioans.

In 2011, Ohioans overwhelmingly voted for a ballot initiative to pass the Ohio Healthcare Freedom Amendment, designed to protect citizens from the Affordable Care Act. Despite vocal opposition from Tea Party groups and many other conservative groups in the state, Kasich has continued to push for the expansion, collaborating with a variety of progressive groups to promote the measure. Amy Brighton, co-founder and co-coordinator of Medina Tea Party Patriots, said, “Obviously, the idea of a representative government doesn’t mean anything to Kasich and his Administration, since they are seeking to intentionally defy the will of Ohioans who overwhelmingly voted to pass the Healthcare Freedom Amendment in 2011.”

Kasich’s aggressive move to force Medicaid expansion without legislative approval comes as Republicans are working on reforms to existing programs to help the uninsured in the state. On Thursday, Senate Republicans unveiled a Medicaid reform plan that would increase oversight, contain costs, and improve outcomes for patients. House Republicans have said they are working on more fiscally responsible plans to reform existing programs in order to better serve those without access to medical services.

But Greg Moody, director of the Governor’s Office of Health Transformation, stressed the urgency of the situation. “To be able to get this done by Jan. 1, we are at the point where we do need to act now,” he said.

Rep. Ron Amstutz, chairman of House Finance and Appropriation Committee, released a statement critical of Kasich’s move to subvert the legislature.

“I have grave concerns about the place, the time and the substance of this proposed Controlling Board action,” Amstutz said. “Based on our solid track record of passing tough bills, I would expect a far superior and more creative solution by legislative enactment than what I fear may result from effectively crimping the legislative process.”

Amstutz, a leading candidate to replace term-limited House Speaker William Batchelder, has worked through the summer and in the early days of the legislative session on plans to reform the state’s medical care for the poor.

Brighton, from Medina Tea Party Patriots, said this decision could hurt Kasich’s re-election chances. “It’s interesting that Kasich would succumb to Pelosi-esque tactics to implement Medicaid expansion,” she said. “After forcing the healthcare law on the American people, Pelosi and the House Democrats faced electoral consequences. I guess Kasich is willing to take that chance.”

Kasich defeated Democrat Ted Strickland in the 2010 election by two points — 77,000 votes. That year, the Libertarian Party candidate garnered 92,000 votes, or two percent of the total. In 2014, a third-party candidate may play the spoiler for Kasich if he continues to lose support from the conservative base in a state where 57% of Republicans voted for conservative candidates and 10% voted libertarian in the 2010 Republican primary.

.. LEC here again — I do not think that the Ohio Supreme Court will allow this to happen . Governor Kasich ‘ s action through the Controlling Board will be challenged , I will guarantee that . The approval of H.H.S. to repurpose ObamaCrapCare funds is meaningless .

.. Where it applies is where it hits Medicaid . Each state ‘ s Medicaid program must be approved by it ‘  s state ‘ s legislature . Ohio ‘  s Medicaid program has been , but the proposed ObamaCrapCare expansion has not . The Ohio Legislature specifically acted to delete the expansion of the Medicaid program from the new budget that took effect July 1st , 2013 . That will stand up for quite a big in the eyes of the Ohio Supreme Court .

.. Ohio ‘ s Supreme Court is heavily conservative . It consists of 7 people , basically 5 conservatives , 1 loonie leftie , and 1 R.I.N.O. . It consists of 2 women (both GOP , both conservative , including Chief  Justice Maureen O ‘ Connor) , and 5 men . They will decide whether the act of the Controlling Board is legal , as well as constitutional . I believe that it is not either one . The expansion  will be delayed , until the Court can hear the case , and then make a decision .

.. Look for Chief Justice O ‘ Connor to write the opinion ….

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