Legal Opinion

Fletcher v. Commonwealth

Kentucky Supreme Court

Decided May 19, 2005No. 2005-SC-0046-TG, 2005-SC-0049-TG, 2005-SC-0050-TGPublished

1Concurrence

Opinion by

2Concurring in part, dissenting in partChief Justice Lambert

The power of the purse is the most potent assignment of power in our Constitution; for it provides the resources upon which all others subsist.1 In this respect the power of the purse is akin to freedom of speech protected by the First Amendment, which is the most fundamental of all rights because freedom of speech is at the means by which all other constitutional rights are exercised.2 For example, the right to exercise one’s religion depends upon the right to speak freely. Likewise, the making of war, imprisoning of society’s miscreants, and adjudicating cases and controversies —…

3Cases cited17 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. Terminiello v. ChicagoSupreme Court of the United States · 1949
  4. Virginia v. BlackSupreme Court of the United States · 2003
  5. De Jonge v. OregonSupreme Court of the United States · 1937

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