Legal Opinion

Opinion of the Justices

Supreme Court of New Hampshire

Decided March 16, 1950No. 3925PublishedCited by 10 opinions

1Opinion of the Court

*524 To His Excellency the Governor and the Honorable Council:

In reply to the question, “Does said act or any provision thereof conflict with the Constitution of the State of New Hampshire?”, in our opinion, the answer is “No.” We, the undersigned Justices, are guided in the first instance by the opinion rendered in Musgrove v. Parker, 84 N. H. 550. “The constitutionality of an act passed by the coordinate branch of the government is to be presumed. It will not be declared to be invalid except upon unescapable grounds.” Id., 551. This case involved the delegation of legislative power to the Fish…

2Cases cited5 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. American Power & Light Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
  3. United States v. General Petroleum CorporationDistrict Court, S.D. California · 1947
  4. Isbrandtsen-Moller Co. v. United StatesDistrict Court, S.D. New York · 1936
  5. Swayne & Hoyt, Ltd. v. United StatesDistrict Court, District of Columbia · 1936

3Cited by10 opinions

  1. Brown v. HeymannSupreme Court of New Jersey · 1972
  2. State v. A.L.I.V.E. VoluntaryAlaska Supreme Court · 1980
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1981
  4. Opinion of the JusticesSupreme Court of New Hampshire · 1970
  5. Opinion of the JusticesSupreme Court of New Hampshire · 1978

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