What is actually going on here is the lust for power by politicians, bureaucrats, lawyers, and judges. While they ALL know and understand Article Four, Section Four they studiously ignore it in pursuit of power and self-aggrandizement. This is very similar to my argument regarding State vs. Trump lawsuits filed in Federal District Courts. Said suits are prima facie unconstitutional under Article III, Section Two, Paragraph Two, something I have been screaming to anyone and everyone in power. The silence has been deafening!
I could go on and on in this email; it wouldn't matter. The bottom line is that no one in power gives a DAMN as long as they can "get Trump" and increase their own power.
Gentlemen, I have no magic answer other than to just keep hammering at those in power. It's the best we can do and hope that, sooner or later, someone will listen.
Here's an example of how persistence occasionally pays off:
For over 50 years and under 10 Democrat and Republican governors Kansas has been in budgetary turmoil over education funding. This is because the Kansas Constitution states, "...education shall be adequately funded...". The wizards of smart who wrote that failed to define "adequately" or who would decide. As a result of this sloppiness school districts, almost annually, sue in court for more funding, regardless of how much the Legislature allocates. Now, education accounts for over 55% of the State Budget, with no end in sight, and the reduction in other vital state services just to satisfy the court and the education lobby..
I started screaming about this a couple of years ago, suggesting that the Kansas Constitution be amended to take the courts out of the picture, return funding to the sole purview of the Legislature and FINALLY resolve the issue. No one would listen, but I kept hammering. FINALLY I got the attention of the local press and a couple of gubernatorial candidates. Now, thanks to my persistence, the press is hammering the candidates and the Legislature, asking them if they would support an amendment. They are coming around with the realization that the taxpayers have HAD IT with their foot-dragging. Hopefully, whoever is elected will attack the problem and get the Constitution amended. Then, the Legislature will be back in charge of the budget.
Oren