New England Legal Foundation
  • Home
  • About
    • Mission & History
    • Annual Reports
    • Board of Directors
    • State Advisory Councils >
      • Connecticut
      • Maine
      • Massachusetts
      • New Hampshire
      • Rhode Island
      • Vermont
    • Trustees
    • Members
    • Staff
    • Job & Internship Opportunities
  • News & Events
  • Docket
  • Briefs
  • Donate
  • Contact

Governor Almond v. Rhode Island Lottery Commission 

2/13/2002

 
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.

Comments are closed.

    The Docket

    To obtain a copy of any of NELF's briefs, contact us at info@nelfonline.org.

    Categories

    All
    1st Circuit Court Of Appeals
    2nd Circuit Court Of Appeals
    3rd Circuit Court Of Appeals
    Business Litigation Session
    CT
    CT Superior Court
    CT Supreme Court
    Employer Employee Relationships
    February 2018
    February 2019
    Government Regulation/Administration Of Justice
    MA
    MA Appeals Court
    MA Division Of Administrative Law Appeals
    March 2015
    MA Superior Court
    MA Supreme Judicial Court
    MA US District Court
    ME
    ME Supreme Judicial Court
    NH
    NH Supreme Court
    Property Rights
    RI
    RI Supreme Court
    SCOTUS
    United States Supreme Court
    US Court Of Appeals Federal Circuit
    US District Court ME
    VT
    VT Supreme Court

    RSS Feed

    Archives

    August 2020
    June 2020
    January 2020
    June 2019
    April 2019
    October 2018
    June 2018
    February 2018
    October 2017
    October 2016
    June 2016
    February 2016
    October 2015
    June 2015
    March 2015
    October 2014
    June 2014
    February 2014
    October 2013
    June 2013
    February 2013
    October 2012
    June 2012
    February 2012
    October 2011
    June 2011
    February 2011
    October 2010
    June 2010
    February 2010
    October 2009
    February 2009
    October 2008
    June 2008
    February 2008
    October 2007
    June 2007
    October 2006
    June 2006
    February 2006
    October 2005
    June 2005
    February 2005
    October 2004
    June 2004
    February 2004
    October 2003
    May 2003
    February 2003
    September 2002
    May 2002
    February 2002
    May 2001