Yeah, my argument is not solid, and a bit off the cuff, and not fully researched. All of that is true. Yet, I want to know more and Go4 has been fair enough to poke holes in my THEORY, which I am just fine with anyone doing. So, boring or not, I have one other wrinkle that I want shot down, for aguments sake. So, hang with me one more time. Since the TCF stadium is not like a grocery store, or convenience store, or a liquor store along traditional models, and that its has an inhouse capacity of 50,000 people at a time, none of the general law really applies that well to the physical form of the building. Wouldn't it be necessary to craft a special statute that applied to this situation. Would not that conform to a special purpose bill, like funding the stadium, would require? Just wondering why the stadium had to be funded by special funding mechanisms and why the U couldn't just put up with a general funding measure for the stadium and why there was a separate bill for that occassion. My hunch is that it needed special treatment.
I fully agree, and have always, that the U can and should maintain general management of where beer is served and sold at the stadium. My question really centers on how broad the special provisions of the 1851 territorial law that you referred me to as grounds to have special constitutional powers extends to this general management problem. Go4 even states that this is a matter of general management authority (which before this he argued that it was a constitutional authority that was provided by the MN Constitution. But, I would argue that the 1851 territorial law, which the MN Constitution put into perpetuity, does not "enumerate" more than the 5 categories of power as expressed in that law. None of which are general in nature. Even you concede that the U must supply proper plumming, which you find must be categorically followed by the U. So, when there is special legislation for paying for the stadium, and the U accepted those funds, they then agreed that the Legislature had authority to control how those funds would be spent. And, by agreeing to these funds, they extended authority over the stadium to the Legislature because this place is not part of the special constitutional authority of the U as "enumerated" by the constitution. I don't buy the argument that the U has other powers outside of these enumerated powers, or they could tell the Legislature to shove it when it came to how buildings are designed (part of the enumerated power of the MN Constitution for the U), but, apparently, those enumerated powers are limited to specific types of decisions. They are not all encompassing. Their are natural barriers to their general management of even those provisions expressed.
So, I am still having a hard time buying into the legal argument that the legistature has no authority to pipe up and address a general management power of the U. If the Legislature said you may sell beer at TCF in the suite level and in a beer tent at the stadium, the U could not move the tent to the West Bank. That would fall outside of the intent of the bill.
I also, don't think you fully established the foundation of how the U, with its constitutional authority, gets to dodge the Legislative powers of the State, in general or in specific power. The Establishment of the U was at the Territorial governments authority, born conjointly under the Morrill act, which did not grant special powers to the U either. The real intent of the MN Constitutional provision was intended to keep the Legislature from interfering with the educational management of the institution. It really does not have anything to do with anything outside of that mission. Beer falls outside of the mission of the U, and is therefore not covered by the MN Constitution from my point of view. Make the case. But, I think you have to prove your side. You can nitpick about my language and prove that your definition applies to certain magic words, but, you fall short of proving how the Minnesota Constitution goes beyond "enumerated" power in order to ignore the Legislatures will in regard to beer.
It is often the case where the Legislature will address an individual with language that is impossible to interpret as being general in nature in private bills. It remains the perogative of the legislature to make a private bill in regard to the U and its 50,000 football patrons because it is apparent that people have called their legislator in regard to where they can get a beer at the Bank, or the Legislators themselves patronize the Bank for football and won't pony up to get a suite.
Go4, consider me the skeptical juror. I could care less about all the nuances of your law school training, if you are a lawyer. My intent is to give it a common mans manner to weigh the facts against the intent of the territorial legislature. I would venture a guess that they were not intending for the U to put the middle finger up to the Legislature on an issue like this. It was there intent to limit the legislature on interfering with hiring and terminating instructors, construction, granting degrees, around issues of substantive educational importance, like determining tenure and the like. Certainly, the MN Constitution extends beyond the 5 enumerated powers to powers no stated, like deciding tenure. But, beer, uh ehh. It doesn't have a connection to the language in the Constitution.
Go4, you pointed out the MN Constitution. You pointed me to the website. Show me how you are constucting your argument that the Legislature has no business in the affairs of beer on campus. At face value, the MN Constitution points to nothing but thin air and language that doesn't encompass why the general management practice of the U Regents and President can ignore a statute that pigtails to previous legislation and the U's previous compliance to its provisions in total, plus other acts that affect the U and they have complied in total.
The uniqueness of TCF can be demonstrated in that it is part of an institution that takes substantial subsidy from the state; is a direct interest of annual funding by the state; is a unique stadium in that it is the only Division 1 stadium in the state, the stadium has the alumni association on its title, has special funding authority provided by the state, has a majority of the public ticket holders who are not members of the staff or student body to the U, and has other commercial vendors who have separate interest from the U. It gets muddier, but apparently you think these are all internal circumstances that do not make the stadium unique, and making the special purpose statute something of a joke. Apparently, all the U of M grads at the Legislature don't think that the law is a joke, and I dare say that they would have a different opinion on the validity of the law and the apparent treatment you give to the constitution.
I won't plug away on this as it has been discussed and discussed.