COMPELLING PUBLIC INTEREST
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James Joyner | Tuesday, July 15, 2003 |
Brett Marston has two posts here and here, inspired by a discussion on Volokh Conspiracy about judicial power, taxation, and education. I haven’t taken the time, and likely won’t, to read the Nevada Constitution or the court case in question. But given that Volokh and Marston seem to be in agreement on the facts of the matter, I’d say I agree with Volokh on the role of the courts and with Marston on the merits of the education issue.
Neither side mentions the eerie similarity with the 2000 election cases, wherein the Florida SC decided to ignore a specific provision of the Florida Constitution (as well as longstanding Federal law) in order to enforce what they saw as the “spirit” of the Constitution.
I tend to think balanced budget requirements are a bad idea, since they can be devastating in times like the present with a weak economy that stretches over a number of budget cycles. But constitutions are meaningless if not enforced and bad precedents are set when they are ignored.
About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia.
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