IN RE ADVISORY OPINION TO GOVERNOR
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The Florida Supreme Court declined to answer the Governor's questions regarding the constitutionality of a legislative act, stating its advisory role is limited to interpreting the Constitution, not statutes.
No, the Court's advisory authority is limited to interpreting specific clauses of the Constitution, not to ruling on the constitutionality of statutes.
“Reduced to its last analysis the purpose of your letter is not to have us construe any clause of the Constitution affecting your executive powers and duties, but to have us pass upon the constitutionality of an act of the Legislature.”
This quote frames the core of the Governor's request and the Court's understanding of its limitations.
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Join FLexlaw to unlock all legal intelligenceThe Governor requested an advisory opinion from the Florida Supreme Court concerning the constitutionality of a legislative act that affected his exec…
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Reduced to its last analysis the purpose of your letter is not to have us construe any clause of the Constitution affecting your executive powers and duties, but to have us pass upon the constitutionality of an act of the Legislature.
Section 13 of Article IY of the Constitution authorizes the Justices of the Supreme Court, on the Governor’s request, to interpret only some portion of the Constitution., and does not authorize the court, upon such request, to interpret or pass upon the constitutionality of statutes that affect the Governor’s executive powers and duties. Advisory Opinion to Governor, 39 Fla.
397. For the reasons stated we must respectfully decline to give any opinion upon the questions propounded. Respectfully yours, Thomas M. Shackleford, Chief Justice.
R. F. Taylor, Justice.
R. S. Cockrell, Justice.
W. A. Hocker, Justice.
J. B. Whitfield, Justice.
O. B. Parkhill, Justice.
Cases With Similar Vibessemantic neighbors from the corpus
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In re Advisory Opinion TO THE Governor, 509 So. 2d 292 (Fla. 1987)…that affect the Governor’s executive powers and duties. Advisory Opinion to Governor, 39 Fla. 397, 22 South. 681. For the reasons stated, we must respectfully decline to give any opinion upon the questions propounded. Advisory Opinion to Governor, 50 Fla. 169, 39 So. 187 (Fla.1905). Again, the Justices declined to render an advisory opinion to Governor Collins determining the constitutionality of an act of the legislature. In re Advisory Opinion to the Governor, 113 So. 2d 703 (Fla.1959). This advisory…1 / 2
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In re Advisory Opinion TO THE Governor, 239 So. 2d 1 (Fla. 1970)…f Florida as to their interpretation of or to pass upon the constitutionality of statutes of this State. It is my view that this Court should now return to that salutary principle epitomized in the conclusion of the Advisory Opinion to the Governor, 50 Fla. 169, 39 So. 187, where the then Justices said: “ ‘Reduced to its last analysis, the purpose of your letter is not to have us construe any clause of the Constitution affecting your executive powers and duties, but to have us pass upon the constitutional…
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In re Advisory Opinion to the Governor, 113 So. 2d 703 (Fla. 1959)…ity of the court as now constituted feel that the constitutionality of a statute should only be passed upon in adversary proceedings. See In re Advisory Opinion to the Governor, 103 Fla. 668, 137 So. 881, and In re Advisory Opinion to the Governor, 50 Fla. 169, 39 So. 187, and numerous other related cases. . It is therefore our conclusion that in the situation here presented, the Justices of this Court are without authority to render an advisory opinion to the Governor determining the constitutional vali…1 / 2
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