Question

D. People v. Constitution. In 1916, Justice Oscar Raymond Holcomb of the Washington State Supreme Court wrote this in a court opinion:“But, it is said, the people in their legislative capacity are superior to all other branches of government, superior to the legislature which made this law; in fact, supreme in their legislative capacity. The people in their legislative capacity are not, however, superior to the written and fixed constitution.”If the people approved an initiative that ran afoul of Washington’s constitution, who do you think would have the power to declare it unconstitutional?Answer: Use what you’ve learned in the reading and from this quote to draw a diagram showing the relationship of authority among...• The Washington State Constitution• The people• The three branches of Washington’s government

Answer 1

The judiciary is the one that has the authority to declare the initiative as unconstitutional.

What is the role of the judiciary?

• Organize and monitor the justice of each state.
• Monitor compliance with the laws contained in the federal and state constitution.
• Supervise the legislative and executive powers.
• Guarantee collective and individual rights.
• Apply laws.

An initiative is considered unconstitutional when the judiciary considers it contrary to the concepts adopted by the federal and state constitutions.

In that case, the judiciary must prevent controversial attitudes to the laws of a country from being exercised, in order to guarantee the security of the people. This function of the judiciary must be supervised by the legislative branch, which makes the laws present in the federal or state constitution, and by the executive branch, which certifies compliance with these laws.

Learn more about the judiciary:

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