Powers said that except in very limited situations, "an officer of the executive branch of government has no right or power to declare an act of the Legislature to be unconstitutional or to raise the question of its constitutionality without showing that he or she will be immured in person, property, or rights by its enforcement."He concluded that if the Legislature proposes and passes an alternative ballot measure, "all state executive branch officers must presume that the competing measure is constitutional, they must treat is as a valid legislative measure, and they must perform their constitutional and statutory duties based on that presumption unless and until the judicial branch declares otherwise."
Legal Showdown Brewing Over Ballot Tax Measures
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