Legal Opinion

Opinion of the Justices

Supreme Court of Alabama

Decided June 2, 1943No. 64PublishedCited by 25 opinions

1Opinion of the Court

To the Senate of Alabama

State Capitol

Montgomery, Alabama

Gentlemen:

Responding to your inquiry of May 26th, relative to the establishment of a War Emergency Council, under the provisions of House Bill No 66, we submit the following.:

We duly appreciate the constitutional requirement that all legislation is vested in the Legislature by sections 43 and 44 of the Constitution, and that this power cannot be delegated; also that no money shall be paid out of the State treasury except by an appropriation made by a law enacted by the Legislature, — § 72, Constitution; and this power cannot be delegated.

2Cases cited18 opinions

  1. Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of LaborSupreme Court of the United States · 1941
  2. People v. TremaineNew York Court of Appeals · 1929
  3. Fox v. McDonaldSupreme Court of Alabama · 1893
  4. Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
  5. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939

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3Cited by25 opinions

  1. Ex Parte JenkinsSupreme Court of Alabama · 1998
  2. Norton v. LuskSupreme Court of Alabama · 1946
  3. Warwick v. State Ex Rel. ChanceAlaska Supreme Court · 1976
  4. Alexander v. State Ex Rel. CarverSupreme Court of Alabama · 1963
  5. McInnish v. RileySupreme Court of Alabama · 2005

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