Loading...
Extra-Constitutional Limitations upon Legislative Power
Dodd, Walter
Dodd, Walter
Keywords
Collections
Abstract
THE appearance of Professor Haines' volume on The Revival of Natural Law Concepts and the recent decision of the Supreme Court of Oklahoma in Thomas v. Reid, present anew the issue whether state legislatures are limited in their powers by restrictions not found in the text of written constitutions. In the case of Thomas v. Reid the court held invalid a legislative act requiring a vote of sixty per cent of the qualified voters to authorize the sale of a municipally-owned public utility, saying that majority rule is one of the foundation stones of our government and that the legislature is powerless to take away the right of local government existing in the several municipalities at the time of the adoption of the state constitution.