Extra-Constitutional Limitations upon Legislative Power

Abstract

THE appearance of Professor Haines\u27 volume on The Revival ofNatural Law Concepts and the recent decision of the SupremeCourt of Oklahoma in Thomas v. Reid, present anew the issuewhether state legislatures are limited in their powers by restrictionsnot found in the text of written constitutions. In the caseof Thomas v. Reid the court held invalid a legislative act requiringa vote of sixty per cent of the qualified voters to authorizethe sale of a municipally-owned public utility, saying that majorityrule is one of the foundation stones of our government and that the legislature is powerless to take away the right oflocal government existing in the several municipalities at thetime of the adoption of the state constitution