(dissenting).
I object to the dejudicialization of the judiciary and the diversion of the flow of domestic cases, requiring trained judicial minds, unto an administrative agency. It is bad justice. See P. Carrington, D. Meador & M. Rosenberg, Justice on Appeal, 122-23 (1976).
These new statutes, fostered by the flow of federal dollars into the State Treasury, are unconstitutional. This was augmented by successful attempts to make the judiciary of this state, at judicial conferences, a participant in the inauguration of this legislation; I objected to that type of procedure and now voice objection to this legislation which has spawned “mini-judges” within the Department of Social Services. See Bruning v. Jeffries, 422 N.W.2d 579, 582 (S.D.1988) (Henderson, J., concurring in result), for viewpoint that this new statutory scheme, usurping a legitimate judicial function, is unconstitutional. I see no necessity of repeating my logic and authorities recited in Bruning.
The majority opinion concedes that the powers granted to the Department of Social Services to “modify child support” is unique to this state. With that statement, I certainly agree. This Court has recognized, in the past, that matters of great importance may be viewed on a constitutional basis. See Henderson, J., concurrence in result, id. at 582. Surely, when the State Legislature attempts to strip away the powers of the courts of this state, it is an important matter.
Jurisdictionally, the Department of Social Services cannot determine the amount of child support obligations. These statutes are in violation of art. II, Division of the Powers of Government, art. V, §§ 1, 3, and 5 thereof, and art. VI, § 20, of the South Dakota Constitution. The Secretary of the Department of Social Services is not a judge. Neither are his appointees. See S.D. Const, art. V, § 6.
Upon the members of this Court falls a task of guarding constitutionally prescribed liberties through the tripartite system of government. When is a constitution violated (be it state or federal constitution)? Which branch of government decides? Unquestionably, it is the prerogative of the courts to decide the “when” and the courts have the power of judicial review. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 179-80, 2 L.Ed. 60, 74 (1803), is our teacher. We should guard that power for, as we are instructed by the canons of judicial ethics, we owe an obligation to maintain an independent judiciary. South Dakota Code of Judicial Conduct, Canon 1, SDCL 16-2, appx. We are not in the excited affray of the State Legislature. Nor are we under the influence of federal dollars — and thus dominion of a federal agency — such as an agency of state government *449(not a branch of government); example immediately at hand, being this State’s Department of Social Services.
This unholy mixture of governmental power, creates a maze of parallel, perpendicular, conflicting, criss-crossing and overlapping jurisdiction. Therefore, I dissent.