this post was submitted on 13 May 2025
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United States | News & Politics
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This is ridiculous. Checks and balances are in the Constitution. A state law can't just exclude itself from judicial review any more than a mayoral edict can.
The constitution is irrelevant if it’s not enforced
Not actually true. Judicial review is not in the constitution. It has been interpreted as being implied by the constitution, but not as absolute. My understanding is that the US Congress has the right to exclude things from judicial review. I've never heard consideration of doing it at the state legislature level though. It's definitely ballsy.
Okay but who's enforcing it?
Are they in the Texas state constitution specifically? Or just the federal? Because these people don't care about the Feds unless it benefits them to do so. And, how do you plan to challenge it? In the courts?
Unless there's enforcement, courts mean nothing. If the cops want it to be a law, it's a law, no matter how much anyone says otherwise. And if the legislature has the cops on their side, the courts don't matter.
Then democracy is well and truly dead.