So Much for “Separation of Powers”

Posted by Lawrence Taylor on February 19th, 2005

OK, this one isn’t about DUI specifically, but…. As we all know, the genius of our political system is that it is based upon the separation of powers, a structure designed to provide checks and balances by each of the three arms of government against the other two. In its collective wisdom, however, the Delaware House of Representatives is considering a Bill to change all of that nonsense. In response to a Delaware Supreme Court decision striking down a statute, the Bill (which has already been passed out of a number of committees) provides:

(I)n recognition that the Delaware Constitution vests authority and sole responsibility for lawmaking in the General Assembly, the General Assembly asserts its right and prerogative to be the ultimate arbiter of the intent, meaning, and construction of its laws and to vigorously defend them; therefore, the members of the General Assembly declare that the decision of the Delaware Supreme Court in the case of Evans v. State, 2004 WL 2743546 (Del. Supr.), is null and void.

Having declared the Supreme Court’s decision "null and void", the legislators then continued their rearrangement of government by telling the courts how to decide cases in the future:

Construction and Interpretation of Laws: Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the General Assembly in passing statutes, nor may they interpret or construe statutes and other law when the text is clear and unambiguous.

Take that, judicial branch! (Thanks to Rod Kennedy of Albuquerque.)

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