Sinclair v. State

Smith, C. J.,

delivered a dissenting opinion.

A state legislature possesses all the state’s legislative power except such as has been delegated to Congress, or is expressly or impliedly withheld from it by the state or federal constitutions,- and “the only test of the validity of an act regularly passed by a state Legislature is whether or not it violates the limitation imposed by the state or federal Constitution in express terms or by clear implication.” 12 C. J. 749. This limitation must be found in some particular section of the Constitution. Rohrbacher v. Mayor and Aldermen, City of…