HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Fascism alert - Rick Snyd...

Wed Dec 12, 2012, 02:52 AM

 

Fascism alert - Rick Snyder seeks new Emergency Manager Law, immune from referendum

Michigan voters rejected the state's last emergency manager law via referendum, but they may not have the chance to repeal its replacement. The "local government and school district fiscal responsibility act," backed by the Snyder administration and announced last week by the Treasury, is the state's latest attempt to help municipalities and school districts resolve fiscal crises.

The House could vote this week on the fast-tracked legislation...The Michigan Constitution establishes the right of citizens to repeal laws through referendum, but that right does not extend to acts that include appropriations, such as the pending emergency manager bill and controversial right-to-work legislation.

http://www.mlive.com/politics/index.ssf/2012/12/replacement_emergency_manager.html


The previous version of this law, Public Act 4, was enacted by the Michigan legislature 3/11 & repealed by the voters (by a dangerously narrow margin, 52-48) last month, 11/12.

Here's what the old version did:

- Gave the Governor broad powers to declare a local government to be in "financial emergency" & appoint an Emergency Manager with dictatorial powers.

- Specified that the manager could be either an official of the government or "a private contractor working as an agent of the executive branch of state government."

(Got that, everyone? The Gov could appoint a corporate honcho to run your city.)

- Specified that "The emergency manager’s powers extend not only to financial policy and decision-making, but also to all other areas of local government."

- Specified that decisions of the unelected Emergency Manager were not subject to review by either "local elected officials or local voters."

- Gave the Emergency Manager powers greater than the state legislature's powers, specifically the power to:

a. Contravene, and thereby implicitly repeal, local laws such as city and village charters and ordinances; and
b. Explicitly repeal, amend, and enact local laws such as city and village ordinances.

- Gave the Emergency Manager the right to seize/dissolve school districts.

- Gave the EM power to "seize and sell assets owned by the city, such as buildings or parks, without the approval of voters or local elected officials"

- Gave the EM power to "add to local debt, by putting property tax hikes on the ballot with confusing wording that hides the real cost of the tax hike"

- Gave the EM power to "outsource to private and out of state companies, lay off public employees, change or terminate the contracts of public employees, suspend contracts and collective bargaining rights for up to five years"

- Gave the EM power to fire elected officials

- Gave the EM power to write the local government's budget and all its contracts "for two years AFTER they are gone. No input from local residents, no collective bargaining."

The law was unprecedented:

"Through its provisions, the Local Government and School District Fiscal
Accountability Act, Act No. 4, Public Acts of 2011, MCL §§ 141.1501 et. seq. (the Act)
establishes a new form of local government, previously unknown within the United States or the State of Michigan, where the people within local municipalities may be governed by an
unelected official who establishes local law by decree.



On its face and in practice, the Act flagrantly violates the Constitution of the State
of Michigan by:


a) Delegating legislative powers without limiting standards to emergency managers;
b) Granting unelected emergency managers the power to enact local law without the
constitutional restraints placed on state and local governments;
c) Usurping the vested rights of local electors to adopt and amend local charters
which govern cities and villages within Michigan;
d) Suspending the rights of local electors to a republican form of government and to
elect the officials of local government through democratic elections; and
e) Imposing substantial new costs upon local municipal corporations without
providing offsets or additional revenue streams to affected communities.

http://sugarlaw.org/wp-content/uploads/2011/06/Sugar-Law-Complaint-Brown-v.-Snyder-PA41.pdf

http://standup4democracy.com/


When this complaint was filed, Emergency Managers were already appointed in three poor majority black communities: Benton Harbor, Ecorse, and Pontiac; and over the Detroit Public Schools, also majority black.


Hey folks, this is naked fascism. And if it succeeds in Michigan, it will be coming your way as localities & states get into more financial trouble, which they are going to if the economy doesn't improve, and it's not going to any time soon.







30 replies, 2263 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 30 replies Author Time Post
Reply Fascism alert - Rick Snyder seeks new Emergency Manager Law, immune from referendum (Original post)
HiPointDem Dec 2012 OP
HiPointDem Dec 2012 #1
elleng Dec 2012 #2
HiPointDem Dec 2012 #8
Downwinder Dec 2012 #3
defacto7 Dec 2012 #4
1monster Dec 2012 #13
HiPointDem Dec 2012 #14
1monster Dec 2012 #15
HiPointDem Dec 2012 #16
1monster Dec 2012 #19
HiPointDem Dec 2012 #5
AnotherMcIntosh Dec 2012 #6
HiPointDem Dec 2012 #7
AnotherMcIntosh Dec 2012 #22
Scootaloo Dec 2012 #9
HiPointDem Dec 2012 #10
ReRe Dec 2012 #11
Ford_Prefect Dec 2012 #12
GreenEyedLefty Dec 2012 #17
HiPointDem Dec 2012 #18
avebury Dec 2012 #20
KharmaTrain Dec 2012 #21
HiPointDem Dec 2012 #23
KharmaTrain Dec 2012 #24
Panasonic Dec 2012 #25
KharmaTrain Dec 2012 #28
cbrer Dec 2012 #26
woo me with science Dec 2012 #27
amborin Dec 2012 #29
HiPointDem Dec 2012 #30

Response to HiPointDem (Original post)

Wed Dec 12, 2012, 02:58 AM

1. Michigan legislature cut taxes on business (to zero), raised them on poor people, rich pay $7

 

What is happening in Michigan?

“Historic tax shift hits low-income families 1,000 times harder: Top 1 percent of wealthiest households pay a pittance on average” stated:

Michigan’s wealthiest households — the top 1 percent — will be barely touched by income tax changes approved last year by Gov. Rick Snyder and the Michigan Legislature, while all other groups will pay substantially more in income taxes, a new analysis from the Michigan League for Human Services concludes.

"Tax Changes Hit Low-Income Families the Hardest" finds that the lowest-income households, those earning less than $17,000 a year, will pay the most in new taxes as a share of their income (1 percent). But the top 1 percent, those earning $334,000 or more, pays the least – only an average of $7 more or .001 percent. That’s an impact of 1,000 times more on the lowest-income households.

"Working poor families and seniors paid the biggest price to help pay for business tax cuts while the most wealthy households were barely asked to contribute,’’ said Michigan League for Human Services President & CEO Gilda Z. Jacobs. “It’s apparent that those at the top who are the most able to help were given a complete pass.’’

The tax increases, which begin to take effect in 2012, will raise $1.4 billion more in income taxes that paid for a business tax cut of $1.6 billion. More than half of Michigan taxpayers will pay more in individual income taxes while two-thirds of all businesses will pay no state business income taxes at all.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 02:59 AM

2. Fascism?

exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition

More like tyranny, imo: government in which a single ruler is vested with absolute power

Reply to this post

Back to top Alert abuse Link here Permalink


Response to elleng (Reply #2)

Wed Dec 12, 2012, 03:53 AM

8. Facism is capitalism's austere face.

 

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 03:07 AM

3. Company Town.

Edited to add

Correction.

More like a development where the developer maintains control of the home owners association.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 03:26 AM

4. It's hard for me to believe..

that there are people in the US who actually make political decisions like this. Are they blind to history? Do they think they are omnipotent? Do they think at all? Rick Snyder sounds like Mussolini.

When was politics invaded by so many self aggrandizing, uneducated, morons?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to defacto7 (Reply #4)

Wed Dec 12, 2012, 05:59 AM

13. Not really. They think they can get away with raping an pillaging enough to make

them immune. They know their advantage will not last forever, so they are out for all they can get as fast as possible.

Ask yourself, in the sales of public property that have been ordered by "special" "managers," who has benefited? The people? or a few of the One Percenters? How fast have these "special" "managers" moved to sell off public property after being appointed?

They know they will eventually be stopped. They are just out for what they can get first.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to 1monster (Reply #13)

Wed Dec 12, 2012, 06:14 AM

14. In Pontiac they sold off half the city.

 

The governor did give something to the people of Pontiac, though: An emergency manager. Appointed last September for an indefinite period (he's still there), he promptly relieved the city council of their powers and salaries. Then he fired the city attorney, clerk, and director of public works before acting on his own to outsource the work of various departments.

Next, he offered up about half of the people's property in a fire sale of assets--including city hall, police and fire stations, the library, water-pumping stations, a golf course, and two cemeteries. More recently, he has issued five edicts undermining contracts with union workers and retirees.

http://www.alternet.org/news-amp-politics/theres-been-dictatorial-coup-koch-bros-have-bunch-czars-running-cities-across?paging=off

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Reply #14)

Wed Dec 12, 2012, 06:24 AM

15. Exactly. If there is any justice, eventually, the courts will rule all of those sales

invalid and unconstitutional, with the properties restored to the city.

How goes the court battles?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to 1monster (Reply #15)

Wed Dec 12, 2012, 06:31 AM

16. i don't know that there are any court battles. they're building a dialysis clinic on the parkland

 

benton harbor got in exchange for the waterfront that was stolen by golf course developers.

the emergency manager sold it. "oops, i didn't know it was a park!"

hard to give property back once the building starts.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Reply #16)

Wed Dec 12, 2012, 06:42 AM

19. Try building something without first getting the proper permits... Government has

no problem making the transgressor tear it down.

If the actual property has been destroyed by clearing or other process, the purchaser or receiver of the property should have to repay with property in an equal or better location, square footage, and condition to the property taken.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 03:29 AM

5. 3/23/33: "Enabling Act" effectively hands legislative powers of the Reichstag to the Chancellor

 

Act permits Chancellor and cabinet to issue laws without a vote of Parliament and to deviate from the Constitution.

- Apr 7, 1933 "Law for the Restoration of the Professional Civil Service" - Jewish and Communist inclined workers from the Civil Service purged, around 5% removed in total. Nazi governors appointed to rule the German states. End of federalism.

- May 1, 1933 Trade union offices are stormed by SA.

- May 2, 1933 Trade unions banned from Germany.

- May 6, 1933 DAF Deutsche Arbeitsfront (German Labour Front) is created.

- Jul 14, 1933 Hitler proclaims the Nazi party "the only political party in Germany." All others banned.

- Jun 30, 1934 Night of the Long Knives or Blood Purge: On pretext of suppressing an alleged SA putsch, much of the brownshirt leadership (i.e. Ernst Roehm) are arrested and executed. Schleicher and other political enemies murdered. Papen briefly imprisoned. Hundreds killed. The SS, formerly part of the SA, now comes to the forefront.

- Jul 13, 1934 Defending the purge, Hitler declares that to defend Germany he has the right to act unilaterally as "supreme judge" without resort to courts.

- Aug 2, 1934 President Hindenburg dies. Hitler issues a decree appropriating to himself the powers of the President, including supreme military command. The decree is illegal but goes unchallenged.

http://en.wikipedia.org/wiki/Early_Nazi_Timeline

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 03:37 AM

6. The powers-that-be could figure out how to put Blagojevich in prison but can't figure out how to do

 

the same with Snyder?

He never received any pay-offs?

No one is willing to turn against him?

He's otherwise a genuinely honest governor with no skeletons in his closet?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to AnotherMcIntosh (Reply #6)

Wed Dec 12, 2012, 03:37 AM

7. the powers that be *love* snyder. they put him in office. As a former venture (vulture) capitalist

 

he's one of them.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Reply #7)

Wed Dec 12, 2012, 09:48 AM

22. We were told that "we" won. We were told that Obama won. Doesn't the DOJ report to Holder who

 

reports to Obama?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 04:06 AM

9. This is the sort of thing that spawns armed insurrections

Now, I'm not promoting that sort of reaction... but that's how it goes. This isn't going to have a pretty end.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Scootaloo (Reply #9)

Wed Dec 12, 2012, 05:05 AM

10. if only. the voters barely repealed it by 4 points. people are stupid and are going to suffer for

 

it.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 05:23 AM

11. Fascisim Fast-track

K&R

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 05:25 AM

12. Are there not Federal protections that could be used to intercede on behalf of the cities?

I'm thinking Civil Rights, but (Oops!) Holder only pursues out of control seniors who need a dope fix for their Glaucoma.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 06:36 AM

17. Oh, it gets better (not)

(edited to add link to website)

Now that those pesky unions have been mortally wounded, next is public education.

I work in education and for a district that is operating in the black. However, the state can define success any way it wants and because the student achievement levels in the district I work for are lower than average, the state can say our district is failing and take it over.

I grabbed this from a blog...http://www.miparentsforschools.org/node/178

House Bill 6004 makes a new state-wide school district, the Education Achievement Authority, which can take over the "bottom 5%" of schools, and perhaps others - while the local district has no say. The EAA is free to hand these schools over to for-profit charter management companies, and in fact it can charter new schools anywhere in the state (whether the schools there are failing or not). The EAA would be run by a board appointed by the Governor, and even the elected State Board of Education would have no say in its work.

This bill also requires school districts to sell or lease unused school buildings to the EAA or any other charter school, and requires the district to maintain empty buildings, at their own expense, until someone wants to use it. (Senate Bill 1358 is a twin of the House bill.)

House Bill 5923 would create a host of new forms of charter school, including selective admission schools, boarding schools, single-gender schools, and potential store-front schools operated by cultural organizations, businesses and other groups. Part of the mission given to the EAA in HB 6004 is to implement these provisions.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to GreenEyedLefty (Reply #17)

Wed Dec 12, 2012, 06:39 AM

18. please consider making this post a new OP. there is so much happening all at once in MI, it's

 

pretty frightening.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 07:06 AM

20. Can MIchigan proceed is there is not a quorum in the legislature?

I wonder if the Democrats left the state until after the end of the lame duck session if that could stop the actions of Snyder and the Republicans.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to avebury (Reply #20)

Wed Dec 12, 2012, 07:48 AM

21. That Tactic Hasn't Worked Well...

...it's good for calling attention to a problem but it backfires against those who run away when the government gets shut down. They can run for a short period of time but in the end as long as Snyder has the votes (and he does) this was going to get passed.

The ultimate redress comes on two years...and if this incident doesn't lead to a big Democratic wave in Michigan (provided the Democrats there can exploit the situation); ousting not only Snyder but replacing the both state houses with Democrats. That's how this is ultimate fixed...as it is for other states that elected these corporate toadies. If not, you get what you deserve...the downside of a representative democracy...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to KharmaTrain (Reply #21)

Wed Dec 12, 2012, 02:33 PM

23. it was only one year before the people repealed the EM law, but the EM sold half of Pontiac in the

 

meantime. They can actually *dissolve* cities if they want to.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Reply #23)

Wed Dec 12, 2012, 03:31 PM

24. A Very Painful Lesson In Democracy...

I'm not far from Benton Harbor that also has the EM who has been selling off city assets...and there have been a bunch of threads on DU about this. One hopes that there are court challenges to the specific power grabs, but, sadly, from what I've read the challenges to legality of the EM or the law has been upheld...for now. Unfortunately, this is what the voters of Michigan elected...twice now. I'm hopeful that what's occurred here will energize labor and the electorate...not to "punish" the Democrats by staying home in the mid terms and get rid of Snyder and his rushpublican cronies in two years.

Unfortunately I see little other redress. Boycotts and "general strikes" will have very limited effect. The time is now to reform, rebuild and energize the union movement to take the lead on the war on workers once again...

Cheers...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to KharmaTrain (Reply #24)

Wed Dec 12, 2012, 03:44 PM

25. Court orders can remove EM laws and right to work laws if the courts find it unconstitutional

 

and they will find it unconstitutional and order Rick Snyder in prison for the rest of his life if that courts deem it done.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Panasonic (Reply #25)

Wed Dec 12, 2012, 05:21 PM

28. But, Unfortunately, It Hasn't Been Ruled As Such...

So far no laws have been broken...the courts would be civil, not criminal, and you'd hope to put a restraining order to prevent anything from going in effect. The only way to turn things back is a Democratic House and Senate in Michigan to repeal what's been done. While it's a great dream to see Snyder and his ilk frog marched...ain't gonna happen. What occurred here was by the books...the object here is to get back those books...

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 04:00 PM

26. Better nip this one in the bud

 

You can bet the PTB are paying attention to how much they can shove down peoples throats.

How goes Michigan? So goes the nation. This will not end nicely.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 04:01 PM

27. K&R

Reply to this post

Back to top Alert abuse Link here Permalink


Response to HiPointDem (Original post)

Wed Dec 12, 2012, 05:35 PM

29. Benton Harbor = they want to privatize the beach and make a golf course $$$$$ for the 1% eom

Reply to this post

Back to top Alert abuse Link here Permalink


Response to amborin (Reply #29)

Wed Dec 12, 2012, 07:00 PM

30. already done. they gave the city some other land for a park in exchange & the emergency manager

 

sold that land too.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread