After stinging defeat in a statewide vote, GOP lawmakers seek to move jurisdiction to legislature for constitutional amendment

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However, interpreting the law, particularly the state constitutional amendment, is an absolute right of the judicial branch. It is one of the most basic principles of our three branch system.

Is it though? Judicial review doesn’t appear anywhere in the Constitution. Many countries have a three branch system, and most explicitly disallow judicial review. In the US, the Supreme Court claimed the right to perform judicial review was implied in the Constitution, which is just a bit recursive for me.

We don’t elect the court, so the court should not be making laws. In this particular case, I would almost certainly side with the court over the legislature but, more often than not, judicial review has been used to thwart the will of the people.

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