KU law prof helping legislators on constitutional issues

? Kansas University law professor Richard Levy trolled the Statehouse today to provide assistance to lawmakers trying to figure out whether the State Constitution needed to be changed because of the recent school finance court order.

“I’m willing to talk to anybody,” Levy said after being invited to the House Democratic caucus.

On June 3, the Kansas Supreme Court ruled the school finance system unconstitutionally inadequate and ordered the Legislature to increase school funding by $143 million.

After 10 days of a special legislative session, lawmakers fought over the issue with a number of Republicans wanting to adopt a proposed constitutional amendment that would prevent the court from ordering lawmakers to appropiate funds.

Conservatives, including House Speaker Doug Mays, R-Topeka, have said the judicial decision represents an unprecedented power grab by the court.

To change the Kansas Constitution, a measure must receive two-thirds majorities in both the House and Senate, and then a majority of Kansas voters in a statewide election.

Levy said his goal is to provide neutral advice to lawmakers on the issue.

He said the Kansas Constitution gives the Legislature the authority to appropriate funds, but added that he doesn’t believe the state Supreme Court has violated that authority.

“My feeling is we have not gotten to the point where the Supreme Court has harmed the power of the Legislature to appropriate funds,” Levy said.

He said he doesn’t believe the court will try to appropriate funds if it rules the Legislature has failed to comply with its order. “They’d have to find some other kind of remedy to enforce their order,” he said.