Legal Opinion · Concurrence

Collins v. Riley

California Supreme Court

Decided October 2, 1944No. S. F. 17019Published

1ConcurrenceCarter, J.

In my opinion the writ should issue, as there is not the slightest doubt in my mind that the enactment of section 352 of the Political Code as amended in 1943 was within the purview of legislative power and is not prohibited by any provision oí the Constitution of California.

It is well settled that the Constitution of California is not, as is the Constitution of the United States, to be considered a grant of power or enabling act to the Legislature, but rather *920is a limitation upon the power of that body, and that “the legislature is vested with the whole of the legislative power of the state…

2Cases cited52 opinions

  1. People v. OtteyCalifornia Supreme Court · 1936
  2. Carter v. Commission on Qualifications of Judicial AppointmentsCalifornia Supreme Court · 1939
  3. Peay v. NolanTennessee Supreme Court · 1928
  4. State Ex Rel. Banker v. ClausenWashington Supreme Court · 1927
  5. Hall v. BlanSupreme Court of Alabama · 1933

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