Collateral Damage

I wonder if we can really measure the potential damage to the State -- and particularly the State Treasury -- if July 1, 2009 arrives without a budget. According to the Clarion-Ledger, Governor Barbour and Attorney General Hood agree on some of the services that can continue on after midnight Tuesday. Natalie Chandler reports:

Hood said only services mandated by the Constitution - such as public schools, courts and mental institutions - will continue operating if the new year begins Wednesday without a budget.
He said other state agencies won't be able to spend money - forcing state troopers off the roads and furloughs for state workers. The Republican governor said he could use executive authority to keep essential services running, but Hood, a Democrat, said a court order would be required for some.

He said other state agencies won't be able to spend money - forcing state troopers off the roads and furloughs for state workers. The Republican governor said he could use executive authority to keep essential services running, but Hood, a Democrat, said a court order would be required for some.

One wonders where this emergency authority is granted. The Mississippi Constitution's sections on the Governor's power is found in Article V, Sections 116-127. Nothing there about running essential functions without Legislative appropriation or authorization. Miss. Code Ann. section 7-1-5 contains the Governor's statutory powers. Nothing there either.

So assuming that some but not all government agencies go forward, how will the Governor decide which ones? Does Parchman release prisoners? How about Whitfield? Do the Courts operate? Will the Highway Patrol be on the freeways? Will the Crime Lab be open? There are a lot of State Agencies out there.

And what about State contracts on things like construction projects? And private prisons? Are they breached? Do they carry penalties?

These kinds of questions could, I suppose, be answered by an Official Attorney General's Opinion. I somehow doubt the Governor will ask for one, though.