Legal Opinion

State v. Padley

Nebraska Supreme Court

Decided January 29, 1976No. 40228PublishedCited by 14 opinions

1Opinion of the Court

The defendant was arrested on November 17, 1974, for driving in excess of 55 miles per hour on a freeway. At the time of her arrest sections 39-662 and 39-662.01, R. S. Supp., 1974, were in effect. She contends that these statutes are unconstitutional as an unauthorized delegation of power to the President of the United States, and as having been passed as the result of federal pressure. We affirm the judgment of the District Court.

Newton, J.

Section 39-662 fixes highway speeds at a maximum of 55 miles per hour and then provides that when the President terminates the Emergency Highway Energy…

2Cases cited5 opinions

  1. Oklahoma v. United States Civil Service CommissionSupreme Court of the United States · 1947
  2. Lennox v. Housing AuthorityNebraska Supreme Court · 1940
  3. City of Milwaukee v. Sewerage CommissionWisconsin Supreme Court · 1954
  4. Safeway Stores, Inc. v. Nebraska Liquor Control CommissionNebraska Supreme Court · 1966
  5. Florka v. City of DetroitMichigan Supreme Court · 1963

3Cited by14 opinions

  1. Joytime Distributors & Amusement Co. v. StateSupreme Court of South Carolina · 1999
  2. Diversified Investment Partnership v. Department of Social & Health ServicesWashington Supreme Court · 1989
  3. Lee v. StateMontana Supreme Court · 1981
  4. State v. DumlerSupreme Court of Kansas · 1977
  5. State Ex Rel. Douglas v. SporhaseNebraska Supreme Court · 1981

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