Tuesday, July 22, 2003
Here's a court that really thinks the Constitution is a living document - although the Constitution at issue here is Nevada's. The legislature voted not to raise taxes and refused to pass the Governor's school budget. So the Governor sued the legislature. And the Nevada Supreme Court decided that government funding of public education was significantly more important than adhering to the Nevada Constitution...so it ordered the legislature to raise taxes! Don't like that pesky procedural requirement? Just disregard it!
"Inconveniences will follow from following the Constitution as written," said a New York judge a century and a half ago. But "if...under color of construction...[we] may depart from that which is plainly declared, the people may well despair of ever being able to set a boundary to the powers of the government. Written constitutions will be worse than useless."
Comments: Post a Comment