[greeneyes]

Based on my understanding of this subject, which is suspect, this could happen if it was written into the law by the legislature.
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Well, that was my first thought, but I don’t know. The question arises has there ever been a court case on the issue. It could be argued that it is a violation of the constitution.

Can the legislature hand over by statute it’s right under the constitution, or would there need to be a constitutional amendment to do that?

[stylin19a]

I'm guessing they can if it is so worded in their constitution as it is in the U.S. Constitution.

For instance, The U.S. Constitution empowers the Congress to carry out the census:

"The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct."