Lisa Madigan argues that the state’s police power allows them to steal our pensions.

lisa madigan

Yesterday Lisa Madigan, Illinois’ Attorney General and daughter of Party Boss Michael Madigan, went before Judge Belz and responded to the pension theft lawsuits.

The state filed its response to five lawsuits filed by retired teachers, state workers, university employees and public employee unions seeking to have last year’s pension reform law declared unconstitutional. The lawsuits argue that the law violates the pension protections in the Illinois Constitution that say pension benefits cannot be impaired or diminished.

In its response the state said that “in light of the magnitude of the pension problem and all of the other efforts the state has made to date, the (law) represents a valid exercise of the state’s reserved sovereign powers to modify contractual rights and obligations.”

Also known as the state’s police powers.

AG Lisa Madigan makes her case here.

Glen Brown addresses the issue of the state’s police and  emergency powers on his blog.

“…Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency. What power was thus granted and what limitations were thus imposed are questions which have always been, and always will be, the subject of close examination under our constitutional system” (U.S. Supreme Court, Home Building & Loan Assn. v. Blaisdell, 290 U.S. (1934))…

There is no justice in diminishing the benefits and rights of public employees and retirees in order to award financial welfares for the wealthy among us; there is no justice in granting tax breaks for wealthy corporations and, at the same time, legislating cuts to public employees’ constitutionally-promised compensation. It is legally and morally wrong to perpetuate the victimization of public employees and retirees, especially when Illinois legislators give “undeserved weight to highly-organized wealthy interest groups, [those groups] tending to ‘drain politics of its moral and intellectual content’” (Laurence H. Tribe, American Constitutional Law)…



16 thoughts on “Lisa Madigan argues that the state’s police power allows them to steal our pensions.

  1. Cullerton blew that argument when he said there was no emergency . A review of spending from the Obama library to empty roads to Quincy to a failed drug war and so on
    Oh and that fact that they are better funded than when the Cons Amend was added
    better yet in Kanerva /Maag she said the pension annuity was untouchable
    Her opponent says it is unconst-so I will be voting to end her career this Nov.

    And finally do the ISC justices really want to have every decision they make is to make one man happy and thus end the rule of law in Illinois? Because that is what this decision would do. Unlike some on the SCOTUS this branhc of gov in Illinois does not have this kind of reputation

  2. So it seems like Lisa admitted the law was unconstitutional….so the argument is about “Is Illinois really broke…and is there an emergency”…..It should be easy for our attorneys to list the hundreds and hundreds of projects for city and state “circuses’ and insider deals that the state is funding…from Obama library fund, to sports stadiums, the 606, Maggie Daley garden, Millennium park, and TIF corporate welfare……and Senator Cullerton already went on record saying there was no “emergency”…..we haven’t even restructured the debt…I have to wonder who is pocketing the money from the debt structure…

    and we know the bond ratings are all “fixed”…

    I say sell the art in the museum…Illinois citizens do not deserve great art if they take 30% of pensions that were promised…

    1. Aw, J. You had me until your last comment. I was a career art teacher until my retirement in 2012. Sell the art? No, man. Tax the rich. End corporate give aways. In fact, make the museums free. Open the doors and let the people in. Make the 1% pay.

      1. Fred. I come from a family of artists….mom even taught at the art institute….but founding fathers talked about how art is a gift and a product of a free society…..and this pension heist is not the action of a free people. Art is still “stuff”….,. Even it is very soulful …….the earned pensions impact poverty…..of course I agree we should be taxing the 1 percent….and the trades at the mercantile exchange….and a whole host of other solutions. Chicago’s one percent don’t deserve a world class art museum……and my family would miss it……just took my grandson to the art institute for Mother’s Day ..he is 4 and liked the Monet train station as it looked like Thomas the train! Chicago needs a muralist like Diego Rivera to depict the crap that is our political cesspool!

  3. Reblogged this on Reclaim Reform and commented:
    The pension funds of active and retired teachers are supposedly bankrupting a state that gives away hundreds of millions of dollars per year to each of the “connected” corporations who also happen to be donors to the campaign funds of certain politicos?
    IL Attorney General (D) Lisa Madigan (who also happens to be 30 year Speaker of the House (D) Mike Madigan’s daughter – the man who helped to write and pass SB1 which cuts teacher pensions) is threatening to use “the state’s reserved sovereign powers” to steal from the pension funds of active and retired teachers.
    These special powers she is threatening with are also known as the state’s police powers.
    God Help America.

  4. To j above & you all: just saw on Ch. 7 local news that the state is spending money to purchase…prairie chickens! No money for pensions (which WE paid into &–as forever taxpayers–continue to pay for), but money for chickens. That’s chicken@#!& !

  5. The POLICE should arrest everyone who is trying to screw over those in the government in that freakin state…you think Blago is the only crook…nah, he is just one of the ones that didn’t play the game correctly. I’ll bet her father and she walk away from that state with ten times more money than they should at the ends of their careers…yes, they MIGHT have earned some of it….so did all those who worked and trusted and paid into pensions and planned reitrements on the contractual laws protecting their pensions. That state is one big joke…one big freaking joke…they PLAY government and make up laws prn…pay to play is one law that will never be looked at in Illinois thats for sure….but then they scrutinize the pension agreements…oh, I forgot….we all get “scrutined”, right?

  6. That statement, this photo. Did she make her case with a tap dance too? Defending pension theft and the police state while putting on the glitz!

  7. The P Chicken hype was from IPI so take it with a grain of salt but for nothing they could close the hunting and trapping season on the all but extinct gray fox which is under petition with the feds and that would cost zero ,,,,,,,,,,,,,,

  8. Each pension shoul be left alone. Police,teachers and all public employees need to figure out what their members need to do in order to be funded and not by just raising taxes.

  9. Complain now but why weren’t you all complaining as you were casting you democratic ballots for the la 20 years…

  10. I always thought Lisa Madigan’s real problem was her last name. WRONG!! She is just another Chicago politician like her old man.

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