Holley v. State

Citations

• 14 Tex. Ct. App. 505
• 1883 Tex. Crim. App. LEXIS 204

Syllabus

<p>1. Constitutional Law—Delegation of Legislative Power—Local Option Law.—The doctrine that the Legislature has no power to formulate and submit a proposed law to popular vote for ratification or rejection, founded upon the objection that such action would be an attempted delegation of a power confided to the Legislature alone, does not now obtain, and the weight of authority is now in support of the legislation commonly known as “local option laws.” The rule is, that while the Legislature cannot delegate the power to make laws, it can enact a law to delegate the power to determine some fact or state of things upon which the- law makes or intends to make its own action depend. No such question, however, arises upon the provisions of section 30 of Article XVI of the General Provisions of our State Constitution, since that section not only conferred the right, but made it obligatory upon the Legislature to pass an act enabling the people, by election, to adopt prohibition whenever they might desire to do so.</p> <p>3. Same—Fedebal and State Constitutions Constbued.—The distinguishing characteristic difference between the Federal and State Constitutions is, that the former is but a grant of legislative power, and Congress in framing laws can exercise only such authority as is granted; whereas State constitutions are but limitations upon the plenary power with which otherwise the legislative department of the State was originally invested.</p> <p>8. Same.—The Congress of the United States can enact no laws but such as the Federal Constitution, either expressly or by implication, authorizes it to enact. On the other hand, the power of a State Legislature to enact laws is absolute, except as restrained by constitutional limitations; and these limitations are created and imposed by express words, or by necessary implication.</p> <p>4. Same.—In construing the Constitution the courts of the State must understand that the framers of the Constitution, and the people who adopt