Monday, June 25, 2012

Are laws binding on the Legislature?

Based on a state brief in the roll-your-own cigarette "tax" lawsuit being heard today at 2 p.m. in Franklin County,  lawmakers may be able to ignore a law without first repealing it by passing a new law. It looks like this means that even if the Supreme Court were to eventually settle the constitutionality of the supermajority requirement for tax increases, if a future Legislature were to pass a tax increase in violation of that law without first repealing it, such action would appear to be deemed appropriate by the Attorney General's Office. This novel argument epitomizes the need for the people to be provided the opportunity to vote on constitutional supermajority vote requirements for tax increases . . . READ MORE


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