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House deadlocks on bill to change constitutional burden-of-proof standard, 50-50
Summary
House Bill 30, which would have codified a higher standard of proof for finding legislative acts unconstitutional, failed second reading after a 50-50 tie. Proponents said the bill would preserve judicial deference and consistency; opponents said it encroached on judicial authority and threatened separation of powers.
Representative Ron Deming sponsored House Bill 30, which sought to codify a presumption that legislative acts are constitutional and to require challengers to meet a high standard of proof to establish unconstitutionality. Deming said the bill preserves a “consistent and traditional rule of judging” that honors the intent of the legislature and ratifiers.
Opponents, including Representative Powers, argued the measure would amount to the legislature attempting to set judicial standards and thereby infringe on the judiciary’s independence. Powers recounted his experience teaching civics and underscored the constitutional design of coequal branches; he urged colleagues to reject efforts that would “get into the lane of the people” and to allow courts to perform independent review.
Other participants, including Representatives Rivas and Nave, debated whether legislatures already set review standards (administrative law is one example cited) and whether codifying a standard for constitutional review would be unprecedented or an intrusion on judicial power.
After discussion the clerk recorded 50 representatives voting aye and 50 no; the House declared that House Bill 30 failed to pass second reading.
