Robinson Reiterates Concerns Over FY 2008 Unconstitutional Spending; Litigation May Be Necessary
June 25, 2007 – David W. Robinson, a private citizen and taxpayer from Union County and founder and President of The Center for Constitutionality, announced today that the proposed FY 2008 budget again violates New Jersey’s constitutional prohibition of special legislation. "Special legislation" is any law that favors certain persons or entities over similarly situated persons or entities, which is prohibited by Article IV, Section VII, 7 of New Jersey's Constitution.
Last year, Robinson implored Governor Corzine and the Legislature to abide by New Jersey’s constitution and not play favorites by making “Christmas Tree” grants. Unfortunately they did not, appear unwilling to do so this year, and litigation may be the only answer. Robinson made clear that he has never questioned the good work done by many of the Christmas Tree grant recipients. Instead, he questions why some organizations are included, scores of other worthy organizations are excluded, and New Jersey’s government plays favorites. Unfortunately, the answer all too often is political connections and Christmas Tree grants “have become part of the patronage system – a system that threatens New Jersey’s fiscal well-being. Besides being unconstitutional, this is just bad public policy and creates even greater cynicism among New Jersey taxpayers. That’s part of the wisdom behind New Jersey’s constitutional prohibition against playing favorites. We need to restore New Jersey’s budgeting process to its constitutional footings. The Legislature should appropriate funds for a stated purpose that benefits all of New Jersey and the Executive branch, when administering those funds to fulfill the stated purpose, should provide public notice, develop an application process and then disburse funds based on merit. This will provide an opportunity for funding for all organizations that do good works and better our state . . and not violate New Jersey’s constitution.”
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The Center Applauds Further Investigation into Christmas Tree Grants
February 24, 2007 – David W. Robinson, founder and President of The Center for Constitutionality, applauds the reported investigation by the United States Attorney into New Jersey’s Property Tax Assistance and Community Development Block Grants. These grants are often referred to as "Christmas Tree" grants.
Robinson personally sued Governor Corzine and Treasurer Abelow in March 2006 to stop further expenditure of funds from these programs. Robinson’s lawsuit listed all of the grants (including those that apparently now are of interest to the U.S. Attorney) and questioned how these grants were awarded. Rather than litigate, Governor Corzine agreed within hours to impound the funds.
After the 2007 Budget was adopted, Robinson again focused on Christmas Tree grants and delivered a letter to the Governor, the leadership of New Jersey’s Legislature, and then Chief Counsel, now Attorney General, Stuart Rabner seeking to impound hundreds of millions of dollars. He implored the Governor to be a statesman and stop the questionable practice of appropriating money to entities that have ties to the grantor, concluding that Christmas Tree grants “have become part of the patronage system – a system that threatens New Jersey’s fiscal well-being.” Unfortunately, Governor Corzine, Mr. Rabner and the legislative leadership defended the practice, looked the other way, or worse.
“It’s been a lonely and difficult fight,” Robinson said, “but doing the right thing is not always easy. I’m thrilled that New Jersey’s top elected officials have found religion and now claim to welcome the U.S. Attorney’s investigation into Christmas Tree grants. I said almost a year ago that it’s a shame that in New Jersey it takes a private citizen spending his own money to stop the questionable expenditure of funds. I think it’s equally shameful that it takes an apparent criminal investigation in New Jersey to have our officials take action.” Mr. Robinson has vowed that The Center for Constitutionality will continue the fight and he remains steadfast that “the State’s coffers must not be a piggybank for the politically connected pursuing parochial pet projects. The proposed ‘reform’ of greater disclosure still does not pass muster. No amount of transparency can right this wrong.”
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Robinson Notifies Governor of FY 2007 Unconstitutional Spending
July 27, 2006 -- As part of the continuing effort to enjoin New Jersey’s unconstitutional expenditure of funds, David W. Robinson notified Governor Corzine and New Jersey's legislative leadership earlier today of unconstitutional spending. In the FY 2007 budget, this unconstitutional spending, which is typically referred to as “Christmas tree” items or “pork”, totals hundreds of millions of dollars. This constitutional violation is on the grounds that Christmas tree items constitute special legislation. "Special legislation" is any law that favors certain persons or entities over similarly situated persons or entities, which is prohibited by Article IV, Section VII, 7 of New Jersey's Constitution.
"Why do LoganTownship and Wood-Ridge receive money for sidewalks when others don't? Why do Cherry Hill and TintonFalls receive money for libraries when other don't? All too often, the answer to these questions is that there's a tie between a powerful legislator and the favored entity," Robinson said. "To quote Governor Corzine, ‘The rule of law actually means something. Constitutions were written . . for a reason and they lay down the basic framework in which we make decisions. They’re the rules for the game and they’re not that hard to read in New Jersey.’ I trust the Governor will be a statesman, abide by the Constitution, and stop this practice of using the public treasury as a piggybank for the politically connected.”
For a copy of the letter delivered to Governor Corzine, click here.
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Governor Stops Grants
May 5, 2006 -- Citing "serious concerns about the grant process", Governor Corzine memorialized his agreement to impound all of the grants challenged by Mr. Robinson. As a result, nearly $27 million went back into New Jersey's General Fund at the end of the fiscal year.
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Robinson Sues Governor and Treasurer
March 30, 2006 - David W. Robinson, a private citizen and taxpayer from Union County, announced today that he has sued Governor Corzine and Treasurer Abelow to stop the funding of more than $25 million in cash that remains unspent from approximately $128 million of grants that were selected by New Jersey's Legislature in FY2005 and FY2006 without public notice, application process or merit-based review. These grants are often referred to as "Christmas Tree" grants. At a Statehouse press conference today, Mr. Robinson and his counsel, Mark D. Sheridan, Esq. of Drinker Biddle & Reath, said this practice violates the separation of powers set forth in New Jersey's Constitution.
“It’s a shame that in New Jersey it takes a private citizen spending his own money to try to stop the unconstitutional expenditure of funds,” Mr. Robinson said. “I sent a letter and gave the Governor and Treasurer more than enough time to do the right thing and impound these funds. Instead, while claiming to seek budget cuts and calling for higher taxes because the State is broke, Governor Corzine appears to have sided with the politicians who treat the State’s coffers as a piggybank for the politically connected pursuing parochial pet projects.” Mr. Robinson is personally pursuing this action in advance of the formal launch of The Center for Constitutionality, which will be a standing, independent watchdog institution to review all governmental action in New Jersey and seek enforcement of the constitutions of the State of New Jersey and the United States.
For copies of the litigation papers, click here for Grants Lawsuit update.
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Trying to Stop Funding of Unconstitutional Grants
March 16, 2006 - In advance of The Center's formal launch, Dave Robinson has personally attempted to stop New Jersey State government from funding more than $25 million that remain unspent from approximately $128 million of grants that were selected by New Jersey's Legislature in FY2005 and FY2006 without public notice, application process or merit-based review. These grants have often been referred to as "Christmas Tree" grants because they are gifts to recipients by legislators. This practice violates the separation of powers set forth in New Jersey's Constitution. The Legislature's role is to appropriate funds. It is up to the Executive branch to administer how those funds will be spent. In a letter to Governor Corzine, Mr. Robinson asked that all remaining amounts be impounded. If the Governor fails to do so, Mr. Robinson says he expects to commence litigation asking a court to, among other things, prevent the release of the more than $25 million of grants remaining.
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