Myrick v. James

DUFRESNE, Active Retired Justice,

with whom NICHOLS, Justice, joins, dissenting.

The legislative and executive departments of the State can be checked by the judicial department when they exceed their powers, but the judiciary is unique among the three branches of government in that the court is the judge of its own power. As stated by Justice Stone, in United States v. Butler, 297 U.S. 1, at 79, 56 S.Ct. 312, at 325, 80 L.Ed. 477, (dissenting opinion) (1936), “the only check upon our own exercise of power is our own sense of self-restraint.” Recognizing that the Constitution of the State of…