Legal Opinion

Fortson v. Weeks

Supreme Court of Georgia

Decided June 20, 1974No. 28962PublishedCited by 40 opinions

1Per curiam

This appeal is from a judgment declaring the *473"Campaign Financing Disclosure Act” (Ga. L. 1974, p. 155) unconstitutional. We reverse. Parts of the Act are unconstitutional. However, the judiciary will not, and indeed can not, void an enactment of the General Assembly merely because it is defective in part. Constitutional principles dictate that such defective parts be excised and the remainder sustained provided the legislative scheme can be preserved. We have determined that is required here. The attacks upon the Act and our conclusions are set forth in the divisions which follow. As will…

2Cases cited7 opinions

  1. United States v. HarrissSupreme Court of the United States · 1954
  2. Wallace v. WallaceSupreme Court of Georgia · 1969
  3. Bullard v. HolmanSupreme Court of Georgia · 1937
  4. Elliott v. StateSupreme Court of Georgia · 1893
  5. Prothro & Kendall v. OrrSupreme Court of Georgia · 1852

2 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. New Jersey State Chamber of Commerce v. New Jersey Election Law Enforcement CommissionSupreme Court of New Jersey · 1980
  2. State v. MillerSupreme Court of Georgia · 1990
  3. Fleming v. StateSupreme Court of Georgia · 1980
  4. City Council of Augusta v. MangellySupreme Court of Georgia · 1979
  5. Recycle & Recover, Inc. v. Georgia Board of Natural ResourcesSupreme Court of Georgia · 1996

35 more not listed; retrieve them via the Exa API.

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