NEWS CLIPS

Stop Messing with the Constitution

Both the federal and state constitutions establish three branches of government - executive, legislative and judicial. Every grade school student learns about this separation of powers designed to prevent abuses in governing.

Some Republican lawmakers are proposing - and GOP Gov. Matt Blunt is applauding - a plan to undermine the judicial branch of government.

Proponents contend the measure would prohibit the judiciary from enacting a tax increase as a remedy for legislation deemed unconstitutional. And because the proposal is a constitutional amendment, if passed it would become part of the constitution and therefore untouchable by any branch of government.

We don’t condone taxes imposed by the judiciary. We support the GOP contention that it is taxation without representation.

But an amendment that would hamstring a branch of government is a dangerous proposition.


What’s next?

Imagine a state budget proposed by the governor that is not subject to legislative approval.

Imagine legislation that is not subject to gubernatorial veto.

How are those any different from legislation not subject to review by the courts?

As a practical matter, restricting state courts from hearing some cases is likely to compel plaintiffs to seek redress in the federal courts.

Court-ordered taxation is not without precedent, but historically has been rare.

We all have heard tirades against unelected, activist judges. And remember, it was an unelected federal judge who imposed a tax on patrons of Kansas City schools to fund educational desegregation.

In Missouri, however all judges are elected, either in partisan contests in outstate Missouri, or by citizens’ retention votes after the governor places them on the bench.

The bottom line is that Missouri’s Constitution is clear. It gives the state Supreme Court "exclusive appellate jurisdiction in all cases involving the validity ... of a statute or provision of the constitution of this state (and) the construction of the revenue laws of this state.";

The role of the Legislature is not to shield its laws from judicial review; it is to enact laws that will withstand judicial review.