Can a Governor pick and choose from the stimulus package?

[BarnOwl]

You see a few of them (Jindall, for instance) saying they won’t accept the unemployment provisions in it, but they will take this and that,

According to Sen. Charles Schumer (who should know), however, this is not allowed. In a letter online at…

http://www.talkingpointsmemo.com/archives/2009/02/schumer_to_gop_govs_take_it_or_leave_it.php

…Schumer says:
As you know, Section 1607(a) of the economic recovery legislation provides that the Governor of each state must certify a request for stimulus funds before any money can flow. **No language in this provision, however, permits the governor to selectively adopt some components of the bill while rejecting others. **To allow such picking and choosing would, in effect, empower the governors with a line-item veto authority that President Obama himself did not possess at the time he signed the legislation. It would also undermine the overall success of the bill, as the components most singled out for criticism by these governors are among the most productive measures in terms of stimulating the economy.

(Emphasis mine)

What bugs me about this is everyone - politicos, columnists, etc., totally ignore this pronouncement, and continue to carry on as if the states had any choice at all in the matter.

So, what’s the deal? Is it all or nothing, or can the states treat the stim like a Chinese menu, ordering some from Column A and some from Column B?

[Captain_Carrot]

Also keep in mind that the state legislature can override the governor’s rejection of federal funds, and I’d bet that virtually all of them will.

[Jack_Batty]

Don’t tell it to Sarah Palin.

Palin to Reject Almost Half of Stimulus Money.

[Ravenman]

I just looked at the provision in question:

   SEC. 1607. (a) Certification by Governor- Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that: (1) the State will request and use funds provided by this Act; and (2) the funds will be used to create jobs and promote economic growth.

  (b) Acceptance by State Legislature- If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.

  (c) Distribution- After the adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion.

I think it is kind of vague as to what “for funds provided to any State…” really means. “Funds” could equally mean the money provided under a certain stimulus program, or all the money provided under all stimulus programs. It is a coin flip.

However, if the governor rejects funding and the state legislature disagrees, it seems to me that the law gives the state more discretion on whether they wish to accept funding for some stimulus programs.

[smiling_bandit]

@Captain_Carrot

Also keep in mind that the state legislature can override the governor’s rejection of federal funds, and I’d bet that virtually all of them will.

Actually, that provision is almost certainly Unconstitutional. Nothing the federal govenrment does can override the internal government processes of states, provide they are using the democratic/republican form of government required.

[Nametag]

How so? If a state legislature votes to accept the funds, what Constitutional provision should prevent the federal government from disbursing the funds? To the contrary, what state constitution would permit a governor to accept and distribute such funds without legislative action?