[Excerpt] ... Thus, the only appropriate basis for criticizing judges of the Kansas Supreme Court in their judicial review function is if they do not interpret the constitution or follow existing cases interpreting the constitution faithfully. I have seen no evidence of that having occurred. In the absence of such unfaithful behavior, when the court holds that a statute passed by the legislature is illegal, i.e. does not comply with the state constitution, then the Supreme Court is doing precisely what it is supposed to do. It is protecting the constitution and, thereby, protecting the people’s rights provided in the constitution. This is the essence of our system of “checks and balances.” This system protects us, the people of the state from governmental tyranny. Without judicial review and “checks and balances,” every bill the Legislature passes and the governor signs will become law without anyone asking whether that law is constitutional except those who passed it. To give such power to any branch of government can easily lead to tyranny. The Supreme Court acts as the ultimate protector of the people’s will as expressed in the constitution by exercising its review function. ... [End of Excerpt]
Read more at the Garden City Telegram newspaper.
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