Brown v. Barkley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Governor did not have constitutional power to issue an executive order to reorganize agencies when not authorized by the enabling statute and a related statute pursuant to which the order was issued
• detailing the seven sections of our Commonwealth’s constitution expressly conferring powers and duties on the Governor
• stating “the officers named in [Section] 91 have only such powers and duties as are assigned to them by legislative enactment or by executive order expressly authorized by statute[]”
• “[I]f it be postulated that the chief executive does possess implied or ‘inherent’ powers, they would be subordinate to statute.”
• “Whatever, therefore, the Commissioner of Agriculture may have in the way of functions, authority, funds or personnel can be removed to another agency at the will of the General Assembly.”
• “Practically speaking, except for those conferred upon him specifically by the Constitution, his powers, like those of the executive officers created by Const. Sec. 91, are only what the General Assembly chooses to give him.”

Source: CourtListener parenthetical corpus (CC0).