Proposition 4 notification raises questions about separation of powers
STAFF WRITER CONNIE SWINNEY
LLANO — Proposition 4 of the Texas constitutional amendments will ask voters to decide whether court entities should notify the state attorney general of legal challenges to state legislation.
“If there’s a problem with the law, let the courts figure it out,” said Jim Simmons, the Llano County Republican Party chairman.
The proposition reads, “The constitutional amendment authorizing the legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.”
Opponents of the amendment believe lawmakers would meddle too much into the workings of the judiciary if passed.
“Our system of checks and balances already handles that,” Simmons said. “We have the balance of powers, and that’s what we should go on.”
The League of Women Voters of Texas website also offers pros and cons for Proposition 4.
“It would allow the state to defend the constitutionality of its laws,” according to the entity. “Second, it would only provide the attorney general with notice, so the AG could offer assistance with defending a state law … would not restrict the ability of courts to strike down laws as unconstitutional.”
A statement in opposition reads that approval of the amendment would “breach a separations of powers doctrine as it allows the state to interfere with judicial matters. Second, the legislature should not establish procedures that delay a Texan’s right to receive or pursue relief from unconstitutional laws.”
Early voting is now through Friday, Nov. 3. The election is Nov. 7.
“We need the people to get out there and say ‘yes’ or ‘no’ and don’t let the special interests take over,” Simmons said.
For more on propositions on the ballot, click HERE.