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In Marbury v. Madison (and mirrored in state constitutional law), “the judiciary has the ultimate power to determine what is constitutional”. The Legislature cannot write a simple law to strip the Supreme Judicial Court of its core constitutional duty which is “to adjudicate separation of powers crises”. So in the end, the Supreme Judicial Court will still have to rule on whether the Legislature's attempt to isolate itself from both executive auditing and judicial review violates Article 30 of the Massachusetts Declaration of Rights, which explicitly mandates the separation of powers.
- Jeanne Balkas