State Ex Rel. Riley v. Martin

The General Assembly of South Carolina enacted at its 1979 Session Act No. 164 which, under Part IV-A thereof, created, effective July 1, 1980, a Court of Appeals for the State, consisting of five (5) members; and the defendants were elected by the General Assembly to serve as the members of the newly created court. Thereafter, this action was, by permission, brought in the original jurisdiction of the Court by the Governor and the Attorney General, challenging on several grounds the constitutionality of that portion of Act 164 creating the Court of Appeals.

Initially, the constitutionality of…