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Sponsor seeks statute declaring legislative acts presumptively constitutional; opponents warn of separation-of-powers concerns
Summary
House Bill 30 would codify a presumption that state statutes are constitutional and require a high burden of proof to overturn them; opponents including the ACLU and practicing attorneys told the committee the courts already apply that standard and said the bill risks intruding on judicial authority
Representative Lee Deming opened House Bill 30 saying the measure is designed “to apply a burden of proof or challenge the constitutionality of a legislative act,” arguing that statutes should be presumed constitutional unless proven otherwise by the highest standard.
Opponents told the committee the standard described in the bill—courts treating statutes as presumptively constitutional and requiring a high burden to overturn them—is…
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