State Ex Rel. Wallace v. Bone

BRITT, Justice.

Section 6 of Article I of our state constitution provides: “Separation of powers. The legislative, executive and supreme judicial powers of the State government shall be forever separate and distinct from each other.” We hold that the challenged enactment of the General Assembly violates this section of the state constitution and that the judgment appealed from must be reversed.

In arriving at this conclusion, we have considered, among other things, the history of the principle of separation of powers in our state and nation, the decisions of other jurisdictions in our nation…