COMPELLING PUBLIC INTEREST

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.

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