Opinion of the Justices

10 Citing cases

  1. In re Robinson

    240 B.R. 70 (Bankr. N.D. Ala. 1999)   Cited 3 times

    Any contentions that Alabama's Constitutional Exemption is not supreme to a legislative pronouncement is cavil. See Gafford v. Pemberton, 409 So.2d 1367 (Ala.1982); Opinion of the Justices, 252 Ala. 205, 40 So.2d 623 (1949); Miller v. Marx, 55 Ala. 322, 333-335 (1876); see also e.g., Fed'l. Sav. & Loan Ins. Corp. v. Holt (In re Holt), 894 F.2d 1005 (8th Cir.1990).         D.

  2. State v. Manley

    441 So. 2d 864 (Ala. 1983)   Cited 11 times

    Only through a constitutional convention, called and convened as provided in the existing organic law, or through amendment proposed and adopted as provided in the existing organic law, can the Constitution be altered or changed. 205 Ala. at 393, 87 So. at 380, cited in Opinion of the Justices, 252 Ala. 205, 207, 40 So.2d 623, 625 (1949); Downs v. City of Birmingham, 240 Ala. 177, 182, 198 So. 231, 234 (1940). Finding that the proposal in question was not the product of a constitutional convention, nor an amendment properly adopted pursuant to the procedure specified by the constitution, the Johnson court invalidated it.

  3. Opinion of the Justices No. 185

    278 Ala. 522 (Ala. 1965)   Cited 14 times
    Seeking an opinion relating to the validity of a Senate rule governing the procedure for terminating debate or invoking cloture

    Tayloe v. Davis, 212 Ala. 282, 102 So. 433; United States v. Ballin, Joseph and Co., 144 U.S. 1, 12 S.Ct. 507; 36 L.Ed. 321. In Opinion of the Justices (1949), 252 Ala. 205, 40 So.2d 623, an advisory opinion was requested by the Senate as to whether then Senate Rule 25 contravened Section 284 of the Constitution. Rule 25, supra, contained the following provisions, among others:

  4. DES MOINES REGISTER v. DWYER

    542 N.W.2d 491 (Iowa 1996)   Cited 19 times
    Discussing the elements of a nonjusticiable political question and treating a โ€œlack of judicially discoverable and manageable standardsโ€ as one such element

    The [constitutional] provision that each House "shall determine the rules of its proceedings" does not restrict the power . . . to the mere formulation of standing rules, or the proceedings of the body in ordinary legislative matters; but in the absence of constitutional restraints, . . . such authority extends to the determination of the propriety and effect of any action . . . taken by the body as it proceeds in the exercise of any power, in the transaction of any business, or in the performance of any duty conferred upon it by the Constitution. State v. Hagemeister, 161 Neb. 475, 480, 73 N.W.2d 625, 629 (1955) (quoting Crawford v. Gilchrist, 64 Fla. 41, 59 So. 963, 968 (1912)); see also Opinion of the Justices, 252 Ala. 205, 40 So.2d 623, 625-26 (1949); Moffitt, 459 So.2d at 1021. [T]he words in which the grant of power to the Senate to adopt rules of procedure is couched are about as broad and comprehensive as the English language contains, and this court is without the right to in-graft any limitation thereon.

  5. Opinion of the Justices

    418 So. 2d 107 (Ala. 1982)

    Moreover, the proposal and submission of such amendments may be made by resolution. "The following authorities support this conclusion: Opinion of the Justices, 252 Ala. 205, 40 So.2d 623; Opinion of the Justices, 252 Ala. 89, 39 So.2d 665; Doody v. State, 233 Ala. 287, 171 So. 504; Opinion of the Justices, 227 Ala. 296, 149 So. 781; Jones v. McDade, 200 Ala. 230, 75 So. 988." This opinion and others on the subject may be found by reference to the annotations to Code 1975, Constitution of 1901, Amendment 24 (Amendment of ยง 284).

  6. Opinion of the Justices

    155 So. 2d 329 (Ala. 1963)   Cited 1 times

    Moreover, the proposal and submission of such amendments may be made by resolution. The following authorities support this conclusion: Opinion of the Justices, 252 Ala. 205, 40 So.2d 623; Opinion of the Justices, 252 Ala. 89, 39 So.2d 665; Doody v. State, 233 Ala. 287, 171 So. 504; Opinion of the Justices, 227 Ala. 296, 149 So. 781; Jones v. McDade, 200 Ala. 230, 75 So. 988. Respectfully submitted,

  7. State ex Rel. Johnson v. Hagemeister

    73 N.W.2d 625 (Neb. 1955)   Cited 15 times
    In Hagemeister, the Court did not discuss the propriety of that prospective appointment, but it is apparent from the case that the process was used.

    * * * The power to determine rules of procedure embraces the right to determine as to the reconsideration of action taken, when no provision of the constitution is thereby violated." See, also, Opinion of the Justices, 252 Ala. 205, 40 So.2d 623; United States v. Smith, 286 U.S. 6, 52 S.Ct. 475, 76 L.Ed. 954. As stated in Witherspoon v. State ex rel. West, 138 Miss. 310, 103 So. 134: "Counsel for the appellant concede the power of the Senate to `determine rules of its own proceedings' as to legislative matters, but seek to limit its power so to do in matters of an executive character, but the Constitution, to which alone we should look in this connection, contains no such limitation.

  8. Opinion of the Justices

    263 Ala. 158 (Ala. 1955)   Cited 5 times

    A mere reading of the foregoing makes it crystal clear that the Constitutional Convention of 1901 did not intend that the basis of representation should ever be changed until it was changed by another constitutional convention, duly and legally assembled under the law. The power to initiate amendments to the Constitution is not inherent in the legislative department, and in the absence of a provision in the Constitution conferring such power on the Legislature, it has no capacity thus to initiate amendments. 16 C.J.S., Constitutional Law, ยง 9, page 37; Johnson v. Craft, 205 Ala. 386, 87 So. 375; In re Opinion of the Justices, 252 Ala. 205, 40 So.2d 623. See, also, Collier v. Frierson, 24 Ala. 100; In re Opinion of the Justices, 222 Ala. 355, 132 So. 457. It was said in Johnson v. Craft, supra [ 205 Ala. 386, 87 So. 380]:

  9. Opinion of the Justices

    81 So. 2d 678 (Ala. 1955)   Cited 1 times

    This court has held that the constitution itself provides the exclusive mode by which it may be altered or amended or its effect and operation changed. Opinion of the Justices, 252 Ala. 205, 40 So.2d 623. In other words the method of making changes in the constitution is mandatory and exclusive. Downs v. City of Birmingham, 240 Ala. 177, 198 So. 231; Johnson v. Craft, 205 Ala. 386, 87 So. 375; Collier v. Frierson, 24 Ala. 100.

  10. State ex Rel. Hartman v. Thompson

    627 So. 2d 966 (Ala. Civ. App. 1993)   Cited 5 times

    Such authority extends to the determination of the propriety and effect of any action taken by the senate as it proceeds in the exercise of any power, in the transaction of any business, or in the performance of any duty conferred upon it by the constitution. Opinion of the Justices No. 95, 252 Ala. 205, 40 So.2d 623 (1949). The record reflects that Rule 33 of the 1991 senate rules provided for rejection of appointments by the entire senate and that since 1903, in fact, the published rules of only one senate session have provided for the rejection of appointments by a senate committee.