Constitutional amendment-overturn supreme court decisions.

WORKING DRAFT
2016
State of Wyoming
16LSO-0379
Introduced
1.2

House

JOINT RESOLUTION
NO.

HJ0007

Constitutional amendment-overturn supreme court decisions.

Sponsored by:
Representative(s) Edmonds, Blackburn, Clem, Edwards, Eklund, Halverson, Jaggi, Kroeker, Laursen, Lindholm, McKim, Miller, Piiparinen and Reeder

A JOINT RESOLUTION

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution to authorize the Wyoming legislature to review and void decisions entered by the Wyoming supreme court as specified; providing procedures for review of supreme court and legislative actions as specified.

WHEREAS, the framers of our constitutional republican form of government concurred that a system of checks and balances be emplaced between separate branches; and

WHEREAS, the Wyoming
supreme court
alone is presently immune from any nullificatory power being exercised against its rulings and edicts by either of the other branches
.

NOW, THEREFORE
,

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
two-thirds of all the members of the two houses, voting separately
, concurring
therein:

Section 1.
The following proposal to
create
Wyoming Con
stitution, Article
5
, Section
30
is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article
5
, Section
30
.

Review of supreme court decisions; procedures
.

(a)

The
legislature may review any Wyoming supreme court decision
entered after
January 1, 2017
,
if the court’s decision is based upon a provision of this constitution. The
legislature shall conduct its review and enact legislation, as provided in this subsection,
not later than thirty-six (36) months after the supreme court has
published
its decision.

W
ith
the
concurrence of two-thirds
(2/3)
of the elected
members of each house
, the
legislature
may enact legislation to
void or annul

the court’s decision, subject to review by the governor under
article 4,
section
8
.

(b)

A
ny law enacted under subsection (a) of this section shall
not
be subject to review
regarding its compliance with this constitution
by any state
court.

Section 2.
That the Secretary of State shall endorse the following statement on the proposed amendment:

The adoption of this amendment would allow the Legislature to review Wyoming Supreme Court decisions
which are based upon a Wyoming constitutional provision
and enact legislat
ion to overturn those decisions
.
Any law enacted under this provision would not be subject to further review for compliance with the Wyoming constitution by a Wyoming state court.

(END)

1
HJ0007