IN RE ADVISORY OPINION TO THE GOVERNOR
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The Florida Supreme Court advised the Governor that it could not provide an opinion on the validity or effect of a statute, as its constitutional authority to render opinions is limited to interpreting the Constitution regarding the Governor's executive powers and duties.
No, the Florida Supreme Court's authority to render advisory opinions to the Governor is strictly limited to the interpretation of the Constitution concerning the Governor's executive powers and duties, and does not extend to interpreting statutes.
“the authority of the Justices of the Supreme Court under Section 13, Article IV of the Constitution to render an opinion to the Governor at his request is confined to the mt&rpretaiion of some portion of the Constitution upon a question affecting the Governor’s executive powérs and duties, and does not authorize an opinion by the Justices on the request of the Governor upon a question affecting the executive powers and duties of the Governor in countersigning an order to pay money from the State Treasury that may be authorized by a statute.”
This quote defines the scope of the court's advisory authority.
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Join FLexlaw to unlock all legal intelligenceThe Governor requested an advisory opinion from the Florida Supreme Court regarding his authority to countersign warrants for expenses incurred under …
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Tallahassee, July 21st, 1919. Hon. Sidney J. Catts, Governor of Florida. Sir:— Your executive communication of the 17th inst. request- i’ng an opinion upon the matters'stated therein, has been duly considered. Replying thereto you are 'advised that the authority of the Justices of the Supreme Court under Section 13, Article IV of the Constitution to render an opinion to the Governor at his request is confined to the mt&rpretaiion of some portion of the Constitution upon a question affecting the Governor’s executive powérs and duties, and does not authorize an opinion by the Justices on the request of the Governor upon a question affecting the executive powers and duties of the Governor in countersigning an order to pay money from the State Treasury that may be authorized by a statute. See Advisory Opinions to the Governor, 39 Fla. 397, 22 South. Rep. 681; 50 Fla. 169, 39 South. Rep. 187; 54 Fla. 136, 44 South. Rep. 745; 62 Fla. 4, 57 South. Rep. 345; 64 Fla. 1, 59 South. Rep. 778; 64 Fla.
14. Tour request for an opinion as to your authority to countersign Avarrants for the payment of expenses incurred under the provisions of a law, Chapter 7919, Acts of 1919, in effect involves the interpretation of a statute and not a portion'd! the Constitution, and the Justices are not authorized to render to the Governor an opinion on the validity or effect of a statute. Very respectfully, Jeffn.
B. Browne, C.
J. R.
F. Taylor, J.
B. Whitfield, W.
H. Ellis, T.
F. West, Justices,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Advisory Opinion to the Governor, 103 Fla. 668 (Fla. 1931)…Fla. 136, 44 South. Rep. 756; Advisory Opinion to Governor, 62 Fla. 4, 57 South. Rep. 345; Advisory Opinion to Governor, 64 Fla. 1, 59 South. Rep. 778; Advisory Opinion to Governor, 69 Fla. 632, 68 South. Rep. 851; Advisory Opinion to Governor, 78 Fla. 156, 82 South. Rep. 606. Your excellency’s request for an opinion is not whether it is within the executive power and duty of the Governor to countersign a warrant drawn by the Comptroller upon the State Treasurer, where no appropriation or authority…
Authorities Cited
- In re Advisory Opinion to Governor, 50 Fla. 169 (Fla. 1905)
- In re Advisory Opinion to Honorable N. B. Broward, 54 Fla. 136 (Fla. 1907)
- Advisory Opinion to the Governor, 64 Fla. 1 (Fla. 1912)
- In re Advisory Opinion to the Governor, 62 Fla. 4 (Fla. 1911)