Bailey v. Faulkner

The separation of powers among the branches of republican government inherent in the Alabama Constitution of 1901, and expressly set forth in §§ 42 and 43 thereof, requires the judicial branch to respect statutes duly enacted by the Alabama Legislature and otherwise in conformity with the Alabama Constitution. This is true even when a court has grave doubts about the wisdom or propriety of a statute.

In 1935, the Alabama Legislature abolished the ancient common-law tort of alienation of affections — which recognized a civil cause of action for outside interference in marital relations — by…