Thursday, June 16, 2005

Judicial Buggery?

The Kansas State Supreme Court doesn't think that the Kansas Legislature is following the Kansas Constitution because the legislature didn't increase school funding by enough. As such, the KSC has ordered the legislature to redo the budget. Ordered? I guess it's a matter of how the Kansas State Constitution is written as to whether the courts can order the legislature to make law a certain way. Seems unlikely though. Then again, the courts aren't really pretending that dictating law is an enumerated power for them. Based on action in other states, it looks like the courts just blackmail the legislature by threatening to order the schools not to open. Unless I'm missing something here I can't quite seem to wrap my head around the arogance.
Don't get me wrong, I think public schools need all the help they can get. I'm just not sure judicial blackmail is the right technique for helping.

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