Objection? Bill would allow legislators to overrule state Supreme Court

- It's a proposed constitutional amendment that some say is dangerous and would  undermine the bedrock of our three branches of government.

"I would say it's unconstitutional," explained legal expert Anthony Rickman.  "Not only unconstitutional, but it flies in the face of what our country is all about."

It's House Joint Resolution 121, proposed by Florida Representative Julio Gonzalez of Venice.  The proposed law allows lawmakers to override a Florida Supreme Court decision with a two-thirds vote --giving ultimate power to legislators.

"If we don't like what you've done as a court, we're going to overrule you and the governor can't do anything about it because he doesn't even have veto power," Rickman summarized.

But Rep. Gonzalez disagrees.  He says it's the Supreme Court who has overstepped its authority and now it's time to give the ultimate power back to the people.

He says this bill would close a loophole in our checks and balances.

"Their rationale is, we don't want judges legislating from the bench. We don't want activist judges making the laws of our country, " explained Rickman.

Rep. Gonzalez believes this proposed bill would prevent that.  For instance, after the state Supreme Court rejected our new death penalty law because lawmakers did not make the jury decision unanimous, legislators -- under this amendment -- could overturn the high court's decision with a two-thirds majority vote.

"It doesn't matter that these justices -- the greatest legal minds in our state -- found it unconstitutional. That's mind-boggling to me," continued Rickman. 

The proposed legislation has a long way to go, though.  Gonzalez says if both the House and the Senate approve it, it could be on the ballot by 2018.  But he knows he's in for a battle.

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