Taxing Judicial Restraint: How Washington's Supreme Court Misinterpreted its Role and the Washington State Constitution
In the realm of constitutional interpretation, the judicial department reigns supreme. League of Education Voters v. State exemplifies the judiciary’s potential abuse of its interpretative role: The Washington Supreme Court misinterpreted its judicial function because it ignored the text of Washington State’s constitution and held a statute unconstitutional. The court, therefore, voided a statute because of judicial volition, not because Washington’s constitution demanded that outcome. This Note challenges the reasoning in League and makes a novel suggestion for Washington State constitutional analysis, an approach that may apply to other states. This Note details a new analytical framework for constitutional analysis through the reformed beyond-a-reasonable-doubt doctrine and applies that framework to the Supermajority issue addressed in League.
Nicholas Carlson, Taxing Judicial Restraint: How Washington's Supreme Court Misinterpreted its Role and the Washington State Constitution, 37 SEATTLE U. L. REV. 865 (2014).
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