Oklahoma Legislator Introduces Bill Forbidding SCOTUS from Reviewing State Laws

Posted by in Blog, News on January 30, 2012 7:00 pm / 8 comments

Yeah, you read the title correctly. From The Daily O’Collegian:

State Sen. Ralph Shortey (R-Oklahoma City) introduced Senate Joint Resolution 84, which would amend Oklahoma’s constitution to remove the U.S. Supreme Court’s ability to review the constitutionality of Oklahoma laws.

The bill would also create an “ad hoc Court of Constitutional Review” in the state to rule on the constitutionality of Oklahoma’s laws.

The U.S. Supreme Court’s right of judicial review was affirmed in the case Marbury v. Madison, decided in 1803. If passed, the law would make Oklahoma the only state in the United States that does not recognize the Supreme Court’s authority.

So, anyone wanna guess how this whole deal turns out?

(h/t @ThomasRatPol)

 
 

8 Comments

  1. Jrr says:
    January 30, 2012 at 8:19 pm

    Mama always said, “stupid is as stupid does”. Next he will introduce a bill that says OK can opt out of gravity. Moron.

  2. well says:
    January 30, 2012 at 8:45 pm

    The Feds ignore the Constitution; the executive branch in particular is on a roll right now. I say go ahead OK and tell the feds to shove it.

  3. Dustin says:
    January 30, 2012 at 9:51 pm

    It’s easy to just dismiss the argument here because, hey, Marbury invented a great deal of antifederalist power. I mean, all the textbooks say so and everything.

    But why not? Why not have more democracy, less philosopher kings ruling from on high?

    The US Supreme Court’s rulings are often a mockery of justice. Would Oklahoma’s be better? Probably not, but at least the people would have a better change of recourse, in the most absurd situations.

    Why is the political aim of superseding Marbury “stupid”? Why call the person who wishes to do this “moron”? I think the need to do this illustrates that there is a very unreasonable rigidity about some civil rights reforms. And indeed, that’s what this is: civil rights reform. The right to petition and affect one’s government by associating with like minded people is *the* basic civil right. It’s why we have a first amendment or a second.

    By all means, explain WHY you want Marbury to be correct and why you want this initiative to fail, but don’t just assume it must be because it’s like “opting out of gravity” to disagree with you.

    The Supreme Court is not God. The US Constitution isn’t, either, and in the hands of our current government, justifies a lot of nonsense that would have drawn laughter or anger from those who wrote it.

  4. Warren Bonesteel says:
    January 30, 2012 at 10:15 pm

    Well, if D.C and the three branches of federal government are ignoring The Constitution, anyway…why not take the Tenth Amendment to a whole new level of meaning?

  5. Jrr says:
    January 31, 2012 at 12:36 am

    checks and balances people. you think places like CA or IL or NY suck now? wait until the Lib supercities have free reign. we may like the idea NOW, but God forbid the Lib goofs gain ground in the future, you really want them making the call?

  6. ThomasD says:
    January 31, 2012 at 8:45 am

    The left believes in taking as many bites at the SCOTUS apple as necessary to achieve the desired outcome.

    Why not push back against an over-weaning Federal behemoth.

    Just who is sovereign in this nation? It is the people, then the States, and only then the Federal government.

    If the States to not retain some modicum of sovereignty then the Constitution is effectively dead, you are next on the chopping block.

  7. wws says:
    February 1, 2012 at 11:41 am

    My neighbor just made a law that says the State Police can’t come on his property even if they see him growing dope there. It’s his property, not theirs, right? Why can’t he make the laws on his own property?

    So who thinks the State Police are going to pay attention to this?

    And what’s he gonna do when he tells them to piss off and they pull out Mr. Happy Taser?

  8. Joseph Bozeman says:
    February 6, 2012 at 11:58 pm

    To those of you complaining about “Libs” making a power grab, read the article. A Republican introduced the bill.

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