John Dillon. John ponders the meaning of Lisa Madigan’s assertion of police powers for pension theft.

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– John Dillon is a retired teacher, pension rights activist and blogger.

In her argumentative response to Sangamon County’s Judge Belz concerning petitions by We Are One and other legal teams seeking a stay or injunction on the implementation of SB1 (PA 98-599), Attorney General Lisa Madigan provided a summative assertion of the legitimacy of PA 98-599, given the State’s Police Powers. In other words, the Attorney General was invoking the right of sovereignty of the State of Illinois.

Recall that Attorney General Lisa Madigan’s request to Judge Belz for “Reserved Sovereign Powers” described the state’s overrule of the possibility of a determination of PA98-599 being found unconstitutional or of anyone bringing such a complaint against the state.

“All causes of action asserted in the Plaintiffs’ Complaint fail to state a claim and are barred because Public Act 98-599 (the ‘Act’) is a permissible exercise of the State of Illinois’ reserved sovereign powers (sometimes referred to as the State’s police powers). Plaintiffs cannot sustain their burden of establishing that Public Act 98-599 is unconstitutional “ (http://chicagotonight.wttw.com/sites/default/files/article/file-attachments/PENSION REFORM LIT 14-MR-1 HARRISON ANSWER (14-CH-48)_05-15-2014_16-13-28.pdf ).

All states including Illinois exercise powers of sovereignty, but to a lesser degree than called for by Attorney General Madigan. Sovereignty, at its most base and fundamental application is quite simply the power to forcibly coerce individuals or citizens residing within its boundaries.

Read the entire post here.

3 thoughts on “John Dillon. John ponders the meaning of Lisa Madigan’s assertion of police powers for pension theft.

  1. The pension egg started to crack for the private sector in the 80s as declining asset prices put too much pressure on corporations to pay future debt obligations. The public sector depends on the private sector for funding of salaries, benefits, etc. so the stress in the public sector is understandable given the economic climate over the past 10+ years. Public sector pensions will be around for some time, but adjustments are obviously needed. At its core the pension issue is a debt issue and dealing with debt is very painful. publicretirementplanners.blogspot.com

    1. Sean,
      This is just so much crap. The stress on the public sector pensions came from the failure of the state to meet its payment obligations for the past 50 years in Illinois. Employees paid our share (9.4% in my case). Districts paid their share. The return on investments exceeded expectations. Every independent analysis says that if the state had met their yearly obligation, our funds would be 85% funded, much like IMRF. At its core, the pension issue is a revenue issue and dealing with revenue is painful only because the rich don’t want to release their grip on their bank accounts.

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