Fighting for Separation of Powers
NELF filed an amicus brief in its own name in the Rhode Island Supreme Court in this politically charged case. Governor Almond sought a declaration that the legislation creating the Rhode Island Lottery Commission, which mandates that six of the Commission’s nine members be members of the Senate and House, violates the doctrine of separation of powers. The Superior Court held that the Lottery Commission "is exercising legislative power and… that the exercise of that power is not constrained by the constitutional legislative processes… [and] is unconstitutional to the extent that it requires appointments by the House Speaker and the Senate Majority Leaders of members of the General Assembly to sit on and comprise a majority of the Lottery Commission membership." The Lottery Commission appealed. NELF argued that the General Assembly’s attempt to evade the Governor’s veto power violates the separation of powers doctrine. NELF contended that, if the decision below were reversed, the General Assembly would be allowed to arrogate to itself, through the creation of law-making boards and commissions, the plenary legislative power that the people denied it by amending the Constitution to give the Governor the veto. NELF also argued that the continued blending of the legislative and executive powers creates the appearance that Rhode Island is governed by men not laws. The Court rejected these arguments and held that the Legislature has plenary power over lotteries and that it may appoint its own members to the Lottery Commission.
NELF filed an amicus brief in its own name in the Rhode Island Supreme Court in this politically charged case. Governor Almond sought a declaration that the legislation creating the Rhode Island Lottery Commission, which mandates that six of the Commission’s nine members be members of the Senate and House, violates the doctrine of separation of powers. The Superior Court held that the Lottery Commission "is exercising legislative power and… that the exercise of that power is not constrained by the constitutional legislative processes… [and] is unconstitutional to the extent that it requires appointments by the House Speaker and the Senate Majority Leaders of members of the General Assembly to sit on and comprise a majority of the Lottery Commission membership." The Lottery Commission appealed. NELF argued that the General Assembly’s attempt to evade the Governor’s veto power violates the separation of powers doctrine. NELF contended that, if the decision below were reversed, the General Assembly would be allowed to arrogate to itself, through the creation of law-making boards and commissions, the plenary legislative power that the people denied it by amending the Constitution to give the Governor the veto. NELF also argued that the continued blending of the legislative and executive powers creates the appearance that Rhode Island is governed by men not laws. The Court rejected these arguments and held that the Legislature has plenary power over lotteries and that it may appoint its own members to the Lottery Commission.
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