Note: This is part of a series of posts detailing the 2009 Pennsylvania budget impasse. To see all posts in this series, click here.
There was a very enlightening story in today’s Patriot-News. In it, Rendell spokesman Chuck Ardo is quoted as saying:
“The Pennsylvania Constitution outranks federal law, and that constitution bars us from spending any money without an enacted budget”
This is 100% completely and totally wrong. As I have pointed out time and time and time again, the Court did not say that the Pennsylvania Constitution outranks federal law. Don’t take my word for it — read the Court’s decision for yourself. The Court very clearly said that because no conflict exists between the FLSA and the Pennsylvania Constitution, the answer to the question “Does the FLSA overrule the Constitution” is “no”. To infer, then, that “because the FLSA does not overrule the constitution, the constitution must overrule the FLSA” is a logical fallacy. One does not imply the other; non sequitur is in full effect here.