Berry v. Crawford

As I understand the majority’s position, this Court has the authority to decide the issue presented to us today, but for matters of “prudence” the Court declines to exercise that authority. And in determining whether prudence demands this Court should not intervene, the majority adopts a test that finds no support in our long standing case authority. That is, an “express constitutional limitation ” on an otherwise constitutionally sanctioned legislative act. Op. at 419, 420 (emphasis added). In other words, according to the majority, so long as a particular constitutional provision permits…