By Marshall Griffin, KWMU
Jefferson City, MO – A proposed constitutional amendment that would bar Missouri judges from ordering tax increases has received preliminary House approval.
The resolution is sponsored by Republican Representative Jane Cunningham of St. Louis County. She says a judge should not have the authority to force a legislative body to raise taxes, something that happened in Kansas 2 years ago:
"A judge ordered the (Kansas) legislature to increase taxes for education, by 285 million dollars in one year," says Cunningham, "the legislature went into session and kept adjourning for 2 weeks because they recognized the Separation of Powers."
Cunningham cites the current lawsuit against the state by more than half of Missouri's school districts as a perfect example of asking a judge to raise taxes.
Cunningham says she believes such actions violate the separation of powers, in which the judicial, legislative, and executive branches of state government are to be equal. The proposed amendment faces one more vote by the full House before final approval.