South Carolina Public Interest Foundation v. Lucas
Supreme Court of South Carolina
1Opinion of the CourtChief Justice Pleicones
We agreed to hear this constitutional challenge to the 2015-16 Appropriations Act in our original jurisdiction. 1 Petitioners contend, and we agree, that the inclusion of Proviso 84.18 2 in that act violates the “one subject” requirement found in S.C. Const. art. Ill, § 17. As explained below, we hold that where the general appropriations act contains a section that is not germane to the purpose of that act, i.e., one that does not “reasonably and inherently relate to the raising and spending of tax monies,” that section may be excised by a court. In so doing, we modify our holding in Am.…
2Cases cited25 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
- Patton v. United StatesSupreme Court of the United States · 1930
- Hercules Inc. v. South Carolina Tax CommissionSupreme Court of South Carolina · 1980
- In Re the Care & Treatment of McCrackenSupreme Court of South Carolina · 2001
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3Cited by3 opinions
- Doe v. StateSupreme Court of South Carolina · 2017
- Doe v. StateSupreme Court of South Carolina · 2017
- Found ex rel. Situated v. S.C. House of RepresentativesSupreme Court of South Carolina · 2019