CONSTITUTIONAL LAW-SEPARATION OF POWERS-LEGISLATIVE RIGHT TO DELEGATE INITIATIVE POWER TO PUBLIC

Authors

Abstract

The act creating the Maryland Milk Commission provided: "The Commission, when requested by a substantial proportion of the producers and/or consumers and/or distributors in any marketing area, shall have power" to do a number of things pertaining to sanitary and trade conditions within the milk industry. Plaintiffs sought to enjoin the Commission from utilizing any power derived from such an act upon the ground that it contained an unconstitutional delegation of legislative power. Held, an invalid attempt to delegate legislative authority. The legislature, when acting in its law-making capacity, exercised a power conferred upon it by the people which may not be redelegated. Maryland Co-operative Milk Producers, Inc. v. Miller, (Md. 1936) 182 A. 432.

Recommended Citation

CONSTITUTIONAL LAW-SEPARATION OF POWERS-LEGISLATIVE RIGHT TO DELEGATE INITIATIVE POWER TO PUBLIC, 34 Mich. L. Rev. 1240 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss8/20