Interesting Quote

From a 1944 Alabama Supreme Court decision, Alabama State Federation of Labor v. McAdory, 18 So.2d 810, 815 (Ala. 1944):  

legislative power is not derived either from the state or federal constitutions. These instruments are only limitations upon the power. Apart from limitations imposed by these fundamental charters of government, the power of the legislature has no bounds and is as plenary as that of the British Parliament.

That quote is the source of the court’s oft-mentioned strong presumption that legislative acts are constitutional.

Explore posts in the same categories: Alabama Court Decisions

3 Comments on “Interesting Quote”

  1. Dystopos Says:

    That makes sense, in that the legislative is composed as a representative body of the people. The constitution wouldn’t presume to limit the people except in order to preserve order and protect individual rights — limits which are rightly found in the constitution.

  2. Dystopos Says:

    Forgive my grammar. She’s cagy.

  3. Dan Says:

    I dunno. That’s kinda scary, but I guess it’s correct. It’s the difference between a constitutional republic and a true republic, and is why I’ll take the constitutional republic every time.

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