Legal Opinion

State ex rel. Green v. Collison

Superior Court of Delaware

Decided February 16, 1938No. 267PublishedCited by 16 opinions

1Opinion of the Court

Layton, C. J.,

delivering the opinion of the majority of the court:

*252Two questions are presented for determination: One, the constitutional question whether there is a limitation on the legislative power with respect to removals from public offices created by statute; the other, a question of statutory construction.

It is agreed that a State Constitution operates not as a grant of power to the Legislature, but as a limitation of power; that all power, which is not limited by the Constitution, inheres in the people who declare their will through the Legislature. Accordingly, an unlimited power is…

2Cases cited63 opinions

  1. Myers v. United StatesSupreme Court of the United States · 1926
  2. Humphrey's v. United StatesSupreme Court of the United States · 1935
  3. Daniels v. TearneySupreme Court of the United States · 1880
  4. State v. BryanSupreme Court of Florida · 1905
  5. Oakley v. . AspinwallNew York Court of Appeals · 1850

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

3Cited by16 opinions

  1. Collison v. StateSupreme Court of Delaware · 1938
  2. State v. SchorrSupreme Court of Delaware · 1957
  3. Marshall v. HillSuperior Court of Delaware · 1952
  4. State v. EmersonSuperior Court of Delaware · 1939
  5. People Ex Rel. Grogan v. LisinskiAppellate Court of Illinois · 1983

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

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