Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.
Impact
If enacted, this amendment would significantly alter the balance of power between the legislative and judicial branches in New Jersey. By allowing the Legislature to invalidate court decisions with a two-thirds majority vote, the amendment could potentially lead to the undermining of judicial independence. Specifically, it would reinstate legislative authority in cases where courts have previously ruled on matters like school funding or land use, where the courts have been seen to assume a policymaking role.
Summary
SCR43 is a proposed constitutional amendment in New Jersey that seeks to grant the Legislature the authority to invalidate certain court decisions. The resolution stipulates that courts must interpret the state constitution consistently with the intentions of the people, as expressed through elected officials. It also aims to establish that the power to compel state expenditures or restrain expenditures rests solely with the Legislature, thereby limiting the judicial branch's influence over financial matters related to state governance.
Contention
Opponents of SCR43 argue that this measure undermines the checks and balances integral to the democratic system, raising concerns that it could erode individual rights and allow for legislative overreach. Proponents, on the other hand, assert that it restores the original intent of the Constitution by limiting judicial power and reinforcing the principle that elected representatives should make policy decisions, thus protecting citizens' ability to engage with their government through legislative channels.
Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
Applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii State Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.