John Cornyn: “as an elected representative of the great State of Texas, I swore a solemn oath to uphold and defend the Constitution.…”

“as an elected representative of the great State of Texas, I swore a solemn oath to uphold and defend the Constitution. So it is a great disappointment to discover that some Members of the other body are attempting to undermine the separation of powers enshrined in our Constitution. I am speaking, of course, about the House-passed language that was included in Senate amendment No. 4575, which I opposed earlier today. The language in the amendment unfairly requires the State of Texas to maintain fiscal year 2011 levels of State funding for elementary, secondary, and higher education spending for 2 additional fiscal years in order to receive a portion of the $10 billion Education Jobs Fund. This places an undue burden on a single State that is likely an unconstitutional condition on funding in violation of the Supreme Court's holding in South Dakota v. Dole. Specifically, the language conditions Texas's receipt of Federal education dollars on an event that would violate the Texas Constitution. The Texas Governor cannot make the required assurances because the Texas legislature, not the Governor, decides how to spend the State's money.”