Bobby Duncan
1.9K posts





















The Kentucky Supreme Court just created a constitutional crisis. The Court’s suggestion that “sole” does not actually mean sole should alarm every Kentuckian who cares about separation of powers. Section 66 of the Kentucky Constitution gives the @KYHouseGOP the sole power of impeachment, Section 67 gives the @KYSenateGOP power to try all impeachments, and Section 109 provides that the impeachment powers of the General Assembly “shall remain inviolate.” “Sole” means exclusive. “Inviolate” means unassailable. If the judiciary can step in before the Senate even completes its constitutional role, then the impeachment power is no longer sole in any meaningful sense. That is a dangerous precedent. Today it is impeachment. Tomorrow it could be any core legislative function the courts simply decide to supervise. Once one branch can redefine plain constitutional text to insert itself into another branch’s exclusive authority, legislative sovereignty is no longer secure. Kentucky’s Constitution is explicit in Sections 27 and 28 that no branch may exercise powers properly belonging to another. Even Rose v. Council for Better Education reaffirmed that separation of powers must remain a structural safeguard, not a convenience. The moment courts claim concurrent veto power over impeachment, the Constitution’s structural safeguards begin to erode. This is not about one judge. It is about whether the @KYHouseGOP and @KYSenateGOP remains a co-equal branch, or whether its constitutionally assigned powers now exist only at the pleasure of judicial review. If “sole” no longer means sole, no branch’s exclusive powers are truly safe. After the opinion, is there an alternative than the #KYGA taking action against the Kentucky Supreme Court?










