The Indiana Supreme Court does not act as a sufficient check on Indiana's General Assembly.
The Indiana Supreme Court's failure goes back to the 1850s. The Indiana Supreme Court then imported a decision under the 1816 constitution, which imported Marbury v. Madison. The problem is that the Indiana Supreme Court was then elected, which made the reasoning of an unelected court a bit silly. No reason existed for an elected court to defer to an elected legislature in the same manner as an unelected court defers to an elected legislature. With both judiciary and legislature being elected, both branches had an equal responsibility to the electorate.
Our current retention system makes the matter a bit more complicated, but moves the issue closer to the federal standard.
Still, unreflective adoption of federal law to the state is not good for the state law.
The other error exists in not interpreting Indiana's Bill of Rights according to natural rights.
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