GOP leaders question Rendell authority to spend $$$

When Pennsylvania Gov. Ed Rendell wants to get his way, he's never allowed a little thing like the state Constitution stand in his way.

With billions of federal dollars being funneled into the Pennsylvania and the state dealing with its own budget deficit, House Republican leaders are questioning Rendell's authority to shuffle state funds to programs other than those for which it was originally appropriated by the Legislature.

House Republican Leader Rep. Sam Smith and Rep. Mario Civera, the Republican Appropriations Committee Chairman, are wondering if Rendell has overstepped his Constitutional authority. The GOP leaders are also asking the governor to submit a new budget proposal that reflects the federal stimulus dollars coming to the state.

Smith and Civera sent a letter to Rendell today listing their concerns. (I'm sure Rendell is perusing the letter as we speak.)

"Without judging the merits of the governor's emergency relief proposals,: the GOP leaders have serious questions about the governor's expansion of state programs without the Legislature's approval, according to a press release they issued along with the text of their letter to Rendell.

In the letter, Smith and Civera cite Shapp v. Sloane, 395 A.2d 595 (Pa. 1978), which reinforced the "doctrine of separation of powers functions." The GOP leaders also cited Article III, Section 24, of the Pennsylvania Constitution, as well as Act 117 of 1976, which reinforces their contention that "the General Assembly is responsible for enacting programmatic legislation and appropriating the necessary funds to implement the programs."

Read the full letter at the House Republican Caucus Web site.