Extra-Constitutional Limitations upon Legislative Power, 40 Yale Law Journal 1188 (1931)
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.
Date of Authorship for this Version
state legislation, limitation, constitution
Dodd, Walter F., "Extra-Constitutional Limitations upon Legislative Power" (1931). Faculty Scholarship Series. Paper 4482.