Legal Opinion · Dissent

In re Hooker

Mississippi Supreme Court

Decided March 8, 2012No. 2012-IA-00166-SCTPublished

1DissentRandolph, Justice

Upon the judicial department, because of the nature of its duties, devolves the duty of determining whether in specific instances the other two departments *421have exceeded the powers granted to them by the Constitution.

Albritton v. City of Winona, 181 Miss. 75, 178 So. 799, 803 (1938).

[N]o citation of authority is needed for the universally accepted principle that if there be a clash between the edicts of the constitution and the [acts of another branch], the latter must yield.

Newell v. State, 308 So.2d 71, 77 (Miss.1975).

¶ 84. Today’s decision is a stunning victory for some lawless convicted…

2Cases cited42 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Dred Scott v. SandfordSupreme Court of the United States · 1857
  3. Nixon v. United StatesSupreme Court of the United States · 1993
  4. Newell v. StateMississippi Supreme Court · 1975
  5. United States v. WilsonSupreme Court of the United States · 1833

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