From Tampa Bay online
A lawsuit against Gov. Rick Scott sends a question to the state Supreme Court that is more important than the high-speed train behind the controversy. Does Florida's governor have the power to single-handedly change state law?
Conservative leaders at the state and national level, who are usually defenders of the rule of law and the limits of constitutional authority, have been oddly silent on the issue.
The lawsuit by Democrat Arthenia Joyner of Tampa and Republican Thad Altman of Melbourne, both state senators, makes a point that has gotten lost in the heated political argument over whether the economic benefits of the project are worth its price.
Money for high-speed rail nationally was appropriated by Congress. The prior governor and Legislature asked for and accepted federal support. In trying to disqualify Florida for the federal grant, Scott is ignoring state law.
It has been easy, and not entirely accurate, to frame the issue as Scott refusing Obama's $2.4 billion gift for the Tampa-Lakeland-Orlando line. As the lawsuit notes, the money is from Congress, not Obama. The state Legislature in 2009 passed a law creating the Florida Rail Enterprise, assigning it the task of overseeing high-speed rail, and providing it future operating money from the state.
Scott's actions effectively undo that law.
His main defense is that he is representing taxpayers and that the courts should stay out of what is a political decision. Who does he think the Legislature and Congress represent? Those are the bodies with the power to make laws, to tax and to spend, not the governor or president.
"The High Speed Rail Act," the lawsuit states, "requires the Florida Rail Enterprise to finance and construct the high speed rail system for the state. There is no discretion."
The court is not being asked to force the governor to back a project he is determined to stop. But it can decide whether he has the authority to kill it or duck the question altogether.
Lawmakers who agree with Scott just because they disagree with high-speed rail should think about how powerful a governor they would be comfortable with. Would they allow a governor to stop any project he thinks wastes money?
Some of these leaders seem more worried about upsetting anti-rail tea-party activists than upholding state law.
As a practical matter, it will be tough to build a major transportation project that the governor doesn't want built. Under Scott's lead, state lawmakers might well change state law to forbid high-speed rail. But so far they haven't.
The cities of Tampa, Lakeland, Orlando and Miami are creating their own agency to accept the federal money and do what Scott refuses to do. The cities have written assurance from the federal Department of Transportation that neither the cities nor the state will have a financial obligation to repay the grant if the rail line fails.
The mayors of Tampa, Lakeland and Orlando and business leaders met with Scott Monday to explain the arrangement lets state taxpayers off the hook. Scott simply ignores the facts.
Despite two statewide ballot issues on rail, state voters haven't had a direct say on the federally funded rail plan. In 2004, voters repealed a state constitutional amendment passed four years earlier that required state taxpayers to build high-speed trains whatever the cost.
We joined many other rail supporters in believing that the project did not belong in the constitution. It was not a direct referendum on rail.
A recent Harris poll found that more than two-thirds of Florida residents support state and federal funding of high-speed rail. Clearly, Scott and his core supporters do not.
Scott's opinion on rail does not negate his oath to uphold state law. It is easy to see how the court could find Scott overstepped his authority, but also hard to see how the court could force him to make this project work.
The best legal and political solution is for the cities to be allowed to build it without Scott's help.
http://www2.tbo.com/content/2011/mar/03/MEOPINO1-a-law-making-governor/news-opinion-editorials/
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