Sen. Lindsay Graham sez s.577 may be unconstitutional

SC’s Graham says gov may control stimulus cash

Associated Press Writer (The State)
A government report released by South Carolina Sen. Lindsey Graham suggests the state’s Legislature may not be able to override Gov. Mark Sanford if he rejects stimulus dollars for education.

Sanford has asked the White House for permission to use $700 million on state debt but has been denied. State lawmakers have voted to use the money if the Republican governor rejects it, believing they are authorized by a provision in the legislation inserted by South Carolina Rep. James Clyburn.

Graham released the report Wednesday. It says the Clyburn provision could violate the 10th Amendment, which gives states government powers not spelled out in the Constitution. 

A day earlier, the state’s school chief said public schools are in jeopardy without the money. S. 577  is the bill that over ride’s Governor Sanford should he not request the portion ($700b) that he has authority of.