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To: Daisyjane69
From the article:

Update II: My friend, the smartest lawyer I know, writes: "And yes. It is unconstitutional."

I hope so.

28 posted on 12/21/2009 9:54:28 PM PST by LdSentinal
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To: LdSentinal

“Update II: My friend, the smartest lawyer I know, writes: “And yes. It is unconstitutional.”

Yes, it is. Was doing some research and there are some cases concerning this issue.

Fletcher v. Peck - “The principle asserted is, that one legislature is competent to repeal any act which a former legislature was competent to pass; and that one legislature cannot abridge the powers of a succeeding legislature.

The correctness of this principle, so far as respects general legislation, can never be controverted.

United States v. Winstar - “Hence, although we have recognized that “a general law . . . may be repealed, amended or disregarded by the legislature which enacted it,” and “is not binding upon any subsequent legislature,” Manigault v. Springs, 199 U.S. 473, 487 (1905), [n.19] on this side of the Atlantic the principle has always lived in some tension with the constitutionally created potential for a legislature, under certain circumstances, to place effective limits on its successors, or to authorize executive action resulting in such a limitation.”

Manigault v. Springs - “As this is not a constitutional provision, but a general law enacted by the legislature, it may be repealed, amended, or disregarded by the legislature which enacted it. This law was doubtless intended as a guide to persons desiring to petition the legislature for special privileges, and it would be a good answer to any petition for the granting of such privileges that the required notice had not been given; but it is not binding upon any subsequent legislature, nor does a noncompliance with it impair or nullify the provisions of an act passed without the requirement of such notice.”


37 posted on 12/21/2009 10:11:56 PM PST by MissouriConservative (Every election is a sort of advance auction sale of stolen goods. - H. L Mencken)
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