Introducing ATLASLearn more
Legal Opinion · Dissent

Stephenson v. Woodward

Kentucky Supreme Court

Decided January 19, 2006No. 2005-SC-0603-TG, 2005-SC-0604-TG, 2005-SC-0645-TGPublished

1Dissent

ROACH, Dissenting Justice.

Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control for the judge would then be the legislator.

The Federalist No. 47, at 376 (J. Madison) (J. Hamilton ed. 1869) (quoting Montesquieu).

No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

Kentucky Constitution § 28.

Each House of the General Assembly shall judge of the qualifications,…

2Cases cited25 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. Yanero v. DavisKentucky Supreme Court · 2001
  4. Luther v. BordenSupreme Court of the United States · 1849
  5. Rose v. Council for Better Education, Inc.Kentucky Supreme Court · 1989

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API