“Inherent Jurisdiction Review is the exercise of our inherent grant of jurisdiction contained in Art. X, § 2 of the Mayflower State Constitution1 upon direct application to the Court. It permits us to weigh in ‘[i]n all cases… in which the state shall be a party.’ … The State Constitution also demands that we shall be the protectors of the Constitution. That uniquely provides this Court with a positive obligation and mandate to not just defend the Constitution—but to protect it. That calls for the Court to, proactively rather than defensively, ‘say what the law is’ in no uncertain terms.”

Cabot, J., delivering the opinion of the Court

The Supreme Court of Mayflower has issued a unanimous ruling clarifying its authority to immediately invalidate government actions it determines to be unconstitutional.

The case arose from a challenge to an Attorney General directive that removed certain officials’ law enforcement powers. While the Court ultimately dismissed the specific dispute, it issued a broader opinion establishing what it called the doctrine of Inherent Jurisdiction Review. This doctrine allows the Court to intervene when executive or legislative actions are found to undermine the constitutional framework of the state.

The Court outlined a two-part test for applying this authority:

  1. Public Interest: The matter must involve constitutional issues such as separation of powers or fundamental rights.
  2. Constitutional Justifiability: The act must be considered indefensible under the constitution, such as eliminating elections or suspending judicial review.

If both conditions are met, the Court stated it may declare the action void from its inception.

Citizen Access
In its ruling, the Court also determined that any citizen may bring a challenge under this doctrine, provided the claim is specific, timely, and made in good faith. This expands the ability to raise constitutional questions beyond government officials and institutions.

Political Context
The ruling was issued during a period of significant debate over the scope of executive power in Mayflower. Recent measures2 advanced by Governor Orangebear22 and supported by the state Senate have drawn legal and political scrutiny. The Court’s opinion indicates that it may play a more active role in reviewing such actions moving forward.

  1. https://hackmd.io/@clarkcounty/HkZ43_dxC ↩︎
  2. https://discord.com/channels/1183291978499235890/1242324001909641316/1421370747540078612 ↩︎