States test separation of powers with power grabbing bills targeting state courts

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Vikram David Amar — Justia Verdict 

Legal magazines have recently been reporting on a spate of legislative proposals in various states that seek, albeit in different ways, to give legislatures increased power to interpret and implement the Constitution in the face of judicial rulings with which the legislators may disagree. Any first-year law student who sees headlines describing such efforts might be inclined to shudder; anyone remotely learned in the law knows that the idea of judicial review—the authority of courts to rule on the constitutional validity of legislative and executive enactments, and to have those rulings respected at least to some extent by the other branches—is a bedrock in our system of constitutional democracy….

Any first-year law student who sees headlines describing such efforts might be inclined to shudder; anyone remotely learned in the law knows that the idea of judicial review—the authority of courts to rule on the constitutional validity of legislative and executive enactments, and to have those rulings respected at least to some extent by the other branches—is a bedrock in our system of constitutional democracy.

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