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Sponsor seeks statutory definition of separation-of-powers lines; critics warn of overreach
Summary
Senate Bill 44 would codify separation-of-powers doctrine and define powers of the legislative, executive and judicial branches and two education boards; opponents from the State Bar, ACLU and civic groups said the bill would encroach on judicial interpretive authority and risk politicizing courts.
Senate Bill 44, presented by Senator Daniel Emmerich, would codify and define separation-of-powers principles in statute, including enumerated powers for the legislative, executive and judicial branches and definitions for the Board of Regents and the Board of Public Education. The sponsor said the measure is intended to clarify constitutional boundaries; opponents said it risks political interference in an independent judiciary.
Senator Emmerich told the Judiciary Committee the bill “is designed to create a uniform way of looking at our constitutional boundaries within the separation of powers,” and that…
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