Borchert v. Scott

I concur fully with the majority in the conclusion that those provisions of Act 239 of 1969, which authorize the pledge of the revenues provided for by that act, are in conflict with Amendment 20 to the Constitution of 1874 and invalid. The act imposes a tax which is without question a revenue of the state.

I disagree, however, in the holding that the whole act may be held void, nor do F agree that all of Section 6(b)(2) or all of Section 6(b)(3) is violative of Amendment 20. Only those portions relating to the pledging of these revenues run afoul of the constitutional inhibition. Since…