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Legal Opinion · Dissent

McClure v. Augustus

Kentucky Supreme Court

Decided September 26, 2002No. 2001-SC-0028-DGPublished

1DissentGraves, Justice

Respectfully, I dissent. The Deputy Sheriff Merit Board statutes encourage the exercise of arbitrary power in violation of the Kentucky Constitution. These statutes are so vague and ambiguous that they invite arbitrary enforcement. Their illegitimacy was so self-evident that the Attorney General, after receiving legally prescribed notice, chose not to defend then-constitutionality.

Section 2 of the Kentucky Constitution provides in unmistakable terms that “absolute and arbitrary power ... exists nowhere in a republic.... ” Section 2 protects against vague and conflicting legislation. When the…

2Cases cited11 opinions

  1. Sibert v. GarrettCourt of Appeals of Kentucky · 1922
  2. Musselman v. CommonwealthKentucky Supreme Court · 1986
  3. Commonwealth v. FoleyKentucky Supreme Court · 1990
  4. Diemer v. Commonwealth, Transportation Cabinet, Department of HighwaysKentucky Supreme Court · 1990
  5. Shipp, for Use v. BradleyCourt of Appeals of Kentucky (pre-1976) · 1925

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