Nondelegation doctrine: State limits on delegation of legislative power to agencies

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This page contains information from a Ballotpedia survey about which states have provisions in their constitutions or administrative procedure acts (APAs) limiting the delegation of legislative authority to administrative agencies or to other branches of government.

Looking at whether states place limits on the delegation authority of their legislatures provides insight into how the nondelegation doctrine works at the state level. Limiting the delegation of one branch's authority to another—the nondelegation doctrine—is a constitutional principle key to understanding one of the main areas of debate about the nature and scope of the administrative state.

According to the BP survey, 18 states restricted the authority of state legislatures to empower agencies or other governing bodies to make rules about certain subjects as of January 2020. The survey revealed the following six kinds of restrictions:

1) Restrictions on delegating the power to make rules with criminal penalties
2) Restrictions on delegating the taxing power
3) Restrictions on delegating municipal functions
4) Restrictions on delegating the power to regulate alcohol
5) Restrictions on the scope of delegated power
6) Restrictions on the subdelegation of delegated authority

You can find the results of another Ballotpedia survey, which looked at which states have separation of powers provisions in their constitutions or APAs, here. Officials and scholars sometimes treat separation of powers provisions as the implicit legal grounding of state-level nondelegation doctrines.

This page features the following sections:

Background

States have a range of limitations on the delegation of legislative authority. Some states, for instance, have constitutional separation of powers provisions that divide power between branches of government while others have specific restrictions on the types of rules administrative agencies can issue using delegated authority.

State administrative procedure acts (APAs) govern procedures for state administrative agencies to propose and issue regulations, adjudicate disputes, and provide for judicial review of agency decisions. Many state APAs are modeled on the federal APA, which governs the administrative processes of federal executive branch agencies. Text of all 50 state APAs is available here.

Summary of findings

Ballotpedia's survey of state constitutions and APAs produced the following key takeaways (as of January 2020):

  • The Missouri constitution placed restrictions on delegating the power to make rules with criminal penalties
  • Three state constitutions placed restrictions on delegating the taxing power
  • Six state constitutions placed restrictions on delegating municipal functions
  • The South Carolina constitution placed restrictions on delegating the power to regulate alcohol
  • Four state APAs and the Kansas constitution placed restrictions on the scope of delegated power
  • Two state APAs placed restrictions on the subdelegation of delegated authority
  • 40 states, 80%, had separation of powers clauses in their constitutions
  • Alaska, Delaware, Hawaii, Kansas, New York, North Dakota, Ohio, Pennsylvania, Washington, and Wisconsin did not have separation of powers clauses in their constitutions

Limitations on the delegation of legislative power to other branches

The table below includes each state in alphabetical order and indicates those with specific provisions in their constitutions or APAs prohibiting the delegation of some form of legislative authority to agencies.

  • Erledigt means that the particular document contains restrictions on delegation
  • DefeatedA means that the particular document does not contain such limits
State Constitutional prohibitions on delegations of legislative authority State APA prohibitions on delegations of legislative authority
Alabama Erledigt DefeatedA
Alaska DefeatedA DefeatedA
Arizona DefeatedA Erledigt
Arkansas DefeatedA DefeatedA
California Erledigt DefeatedA
Colorado Erledigt DefeatedA
Connecticut DefeatedA DefeatedA
Delaware DefeatedA DefeatedA
Florida DefeatedA Erledigt
Georgien DefeatedA DefeatedA
Hawaii DefeatedA DefeatedA
Idaho DefeatedA DefeatedA
Illinois DefeatedA DefeatedA
Indiana DefeatedA DefeatedA
Iowa DefeatedA Erledigt
Kansas Erledigt DefeatedA
Kentucky DefeatedA DefeatedA
Louisiana DefeatedA DefeatedA
Maine DefeatedA DefeatedA
Maryland DefeatedA DefeatedA
Massachusetts DefeatedA DefeatedA
Michigan DefeatedA DefeatedA
Minnesota Erledigt DefeatedA
Mississippi DefeatedA DefeatedA
Missouri Erledigt DefeatedA
Montana DefeatedA DefeatedA
Nebraska DefeatedA DefeatedA
Nevada DefeatedA Erledigt
New Hampshire DefeatedA Erledigt
New Jersey DefeatedA DefeatedA
New Mexico DefeatedA DefeatedA
New York DefeatedA DefeatedA
North Carolina Erledigt DefeatedA
North Dakota DefeatedA DefeatedA
Ohio DefeatedA DefeatedA
Oklahoma DefeatedA DefeatedA
Oregon DefeatedA DefeatedA
Pennsylvania Erledigt DefeatedA
Rhode Island DefeatedA DefeatedA
South Carolina Erledigt DefeatedA
South Dakota Erledigt DefeatedA
Tennessee DefeatedA DefeatedA
Texas DefeatedA DefeatedA
Utah Erledigt DefeatedA
Vermont DefeatedA Erledigt
Virginia DefeatedA DefeatedA
Washington DefeatedA DefeatedA
West Virginia DefeatedA DefeatedA
Wisconsin DefeatedA DefeatedA
Wyoming Erledigt DefeatedA

Text of state APAs or constitutions with restrictions on delegating the power to make rules with criminal penalties

This section contains text from state constitutions or APAs prohibiting legislatures from delegating to agencies the power to make rules with criminal penalties attached.

Some sections display whole articles from a state constitution or APA while others only show relevant segments.

Missouri

See also: Missouri Constitution and Missouri Administrative Procedure Act

Article I, Section 31 of the Missouri Constitution:

That no law shall delegate to any commission, bureau, board or other administrative agency authority to make any rule fixing a fine or imprisonment as punishment for its violation.[1]

Text of state APAs or constitutions with restrictions on delegating the taxing power

This section contains text from state constitutions or APAs prohibiting legislatures from delegating their taxing powers.

Some sections display whole articles from a state constitution or APA while others only show relevant segments.

Alabama

Article XI, Section 212 of the Alabama Constitution:

The power to levy taxes shall not be delegated to individuals or private corporations or associations.[2]

North Carolina

See also: North Carolina Constitution and North Carolina Administrative Procedure Act

Article V, Section 2 of the North Carolina Constitution:

Only the General Assembly shall have the power to classify property for taxation, which power shall be exercised only on a State-wide basis and shall not be delegated.[3]

Minnesota

Article X of the Minnesota Constitution:

The power of taxation shall never be surrendered, suspended or contracted away.[4]

Text of state APAs or constitutions with restrictions on delegating municipal functions

This section contains text from state constitutions or APAs prohibiting legislatures from delegating municipal functions to agencies or private entities.

Some sections display whole articles from a state constitution or APA while others only show relevant segments.

California

Article XI, Section 11 of the California Constitution:

The Legislature may not delegate to a private person or body power to make, control, appropriate, supervise, or interfere with county or municipal corporation improvements, money, or property, or to levy taxes or assessments, or perform municipal functions.[5]

Colorado

Article V, Section 35 of the Colorado Constitution:

The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes or perform any municipal function whatever.[6]

Pennsylvania

See also: Pennsylvania Constitution and Pennsylvania Administrative Procedure Act

Article III, Section 31 of the Pennsylvania Constitution:

The General Assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes or perform any municipal function whatever.[7]

South Dakota

See also: South Dakota Constitution and South Dakota Administrative Procedure Act

Article III, Section 26 of the South Dakota Constitution:

The Legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property, effects, whether held in trust or otherwise, or levy taxes, or to select a capital site, or to perform any municipal functions whatever.[8]

Utah

See also: Utah Constitution and Utah Administrative Procedure Act

Article VI, Section 28 of the Utah Constitution:

The Legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions.[9]

Wyoming

See also: Wyoming Constitution and Wyoming Administrative Procedure Act

Article III, Section 37 of the Wyoming Constitution:

The legislature shall not delegate to any special commissioner, private corporation or association, any power to make, supervise or interfere with any municipal improvements, moneys, property or effects, whether held in trust or otherwise, to levy taxes, or to perform any municipal functions whatever.[10]

Text of state APAs or constitutions with restrictions on delegating the power to regulate alcohol

This section contains text from state constitutions or APAs prohibiting legislatures from delegating to agencies or other bodies the power to regulate alcohol.

Some sections display whole articles from a state constitution or APA while others only show relevant segments.

South Carolina

Article VIII-A, Section 1 of the South Carolina Constitution prevents delegation of power over alcohol to municipal entities:

... the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell alcoholic liquors or beverages.[11]

Text of state APAs or constitutions with restrictions on the scope of delegated power

This section contains text from state constitutions or APAs limiting the scope of powers legislatures may delegate to agencies or to other entities.

Some sections display whole articles from a state constitution or APA while others only show relevant segments.

Florida

Section 120.52.8 of the Florida APA:

A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy. Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the enabling statute.[12]

Iowa

Section 17A.23 of the Iowa Administrative Procedure Act:

An agency shall have only that authority or discretion delegated to or conferred upon the agency by law and shall not expand or enlarge its authority or discretion beyond the powers delegated to or conferred upon the agency. Unless otherwise specifically provided in statute, a grant of rulemaking authority shall be construed narrowly.[13]

Kansas

Article II, Section 21 of the Kansas Constitution:

The legislature may confer powers of local legislation and administration upon political subdivisions.[14]


Article II, Section 30 of the Kansas Constitution:

Delegation of powers to interstate bodies. The legislature may confer legislative powers upon interstate bodies, comprised of officers of this state or its political subdivisions acting in conjunction with officers of other jurisdictions, relating to the functions thereof. Any such delegation, and any agreement made thereunder shall be subject to limitation, change or termination by the legislature, unless contained in a compact approved by the congress.[14]

Nevada

Section NRS 233B.040 of the Nevada Administrative Procedure Act:

1. To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, the following regulations have the force of law and must be enforced by all peace officers:


(a) The Nevada Administrative Code; and
(b) Temporary and emergency regulations.

In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority pursuant to which the function was assigned.[15]

Vermont

Section 800 of the Vermont Administrative Procedure Act requires delegation to be specific:

[T]he General Assembly should articulate, as clearly as possible, the intent of any legislation which delegates rule-making authority;[16]

Text of state APAs or constitutions with restrictions on the subdelegation of delegated authority

This section contains text from state constitutions, laws, or APAs prohibiting agencies from subdelegating grants of legislative power.

Some sections display whole articles from a state constitution or APA while others only show relevant segments.

Arizona

See also: Arizona Constitution and Arizona Administrative Procedure Act

Section 41-1084 of the Arizona Administrative Procedure Act:

No political subdivision that exercises delegated authority pursuant to a delegation agreement may subdelegate its delegated authority to another agency or political subdivision without first notifying the delegating agency."[17]

New Hampshire

See also: New Hampshire Constitution and New Hampshire Administrative Procedure Act

Section 541-A:22 of the New Hampshire Administrative Procedure Act:

III. An agency shall not by rule: ...


Delegate its rulemaking authority to anyone other than the agency named in the statute delegating authority.[18]

Text of state constitutions with separation of powers provisions

This section features the text of separation of powers provisions in state constitutions.

The nondelegation doctrine holds that lawmakers cannot delegate legislative authority to administrative agencies or to private entities. Separation of powers provisions divide power among the branches of government. These provisions may support state-level nondelegation doctrines that prohibit delegation of legislative authority to administrative agencies.

The 40 states listed below have separation of powers or vesting clauses in their state constitutions. Alaska, Delaware, Hawaii, Kansas, New York, North Dakota, Ohio, Pennsylvania, Washington, and Wisconsin do not have constitutions with specific separation of powers clauses.

Alabama

See also: Alabama Constitution and Alabama Administrative Procedure Act

Article III of the Alabama Constitution is a separation of powers provision:

(a) The powers of the government of the State of Alabama are legislative, executive, and judicial.


(b) The government of the State of Alabama shall be divided into three distinct branches: legislative, executive, and judicial.

(c) To the end that the government of the State of Alabama may be a government of laws and not of individuals, and except as expressly directed or permitted in this constitution, the legislative branch may not exercise the executive or judicial power, the executive branch may not exercise the legislative or judicial power, and the judicial branch may not exercise the legislative or executive power.[2]

Alaska

See also: Alaska Constitution and Alaska Administrative Procedure Act

Article II, Section 1 of the Alaska Constitution vests the legislative power of the state in the state legislature:

The legislative power of the State is vested in a legislature consisting of a senate with a membership of twenty and a house of representatives with a membership of forty.[19]

Arizona

See also: Arizona Constitution and Arizona Administrative Procedure Act

Article III, Section 1 of the Arizona Constitution is a separation of powers provision:

The powers of the government of the state of Arizona shall be divided into three separate departments, the legislative, the executive, and the judicial; and, except as provided in this constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others.[20]

Arkansas

See also: Arkansas Constitution and Arkansas Administrative Procedure Act

Article IV, Section 2 of the Arkansas Constitution is a separation of powers provision:

No person or collection of persons, being of one of these departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.[21]

California

See also: California Constitution and California Administrative Procedure Act

Article III, Section 3 of the California Constitution is a separation of powers provision:

The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.[22]

Colorado

See also: Colorado Constitution and Colorado Administrative Procedure Act

Article III of the Colorado Constitution is a separation of powers provision:

The powers of the government of this state are divided into three distinct departments,­­the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.[6]

Connecticut

See also: Connecticut Constitution and Connecticut Administrative Procedure Act

Article II of the Connecticut Constitution is a separation of powers provision:

The powers of government shall be divided into three distinct departments, and each of them confided to a separate magistracy, to wit, those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.[23]

Delaware

See also: Delaware Constitution and Delaware Administrative Procedure Act

Article II, Section 1 of the Delaware Constitution vests legislative power in the General Assembly:

The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.[24]

Florida

See also: Florida Constitution and Florida Administrative Procedure Act

Article II, Section 3 of the Florida Constitution is a separation of powers provision:

Branches of government.—The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.[25]

Georgien

See also: Georgia Constitution and Georgia Administrative Procedure Act

Article I, Section 2, Paragraph III of the Georgia Constitution is a separation of powers provision:

The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.[26]

Hawaii

See also: Hawaii Constitution and Hawaii Administrative Procedure Act

Article III, Section 1 of the Hawaii Constitution vests the legislative power in the state legislature:

The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives. Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.[27]

Idaho

See also: Idaho Constitution and Idaho Administrative Procedure Act

Article II, Section 1 of the Idaho Constitution is a separation of powers provision:

The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.[28]

Illinois

See also: Illinois Constitution and Illinois Administrative Procedure Act

Article II, Section 1 of the Illinois Constitution is a separation of powers provision:

The legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another.[29]

Indiana

See also: Indiana Constitution and Indiana Administrative Procedure Act

Article III, Section 1 of the Indiana Constitution is a separation of powers provision:

The powers of the Government are divided into three separate departments; the Legislative, the Executive including the Administrative, and the Judicial: and no person, charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided.[30]

Iowa

See also: Iowa Constitution and Iowa Administrative Procedure Act

Article III, Section 1 of the Iowa Constitution is a separation of powers provision:

The powers of the government of Iowa shall be divided into three separate departments--the legislative, the executive, and the judicial: and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others, except in cases hereinafter expressly directed or permitted.[31]

Kansas

See also: Kansas Constitution and Kansas Administrative Procedure Act

Article II, Section 1 of the Kansas Constitution vests the legislative power in the state legislature:

The legislative power of this state shall be vested in a house of representatives and senate.[14]

Kentucky

See also: Kentucky Constitution and Kentucky Administrative Procedure Act

The Distribution of the Powers of Government section of the Kentucky Constitution is a separation of powers provision:

The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.[32]


No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.[32]

Louisiana

See also: Louisiana Constitution and Louisiana Administrative Procedure Act

Article II, Section 2 of the Louisiana Constitution is a separation of powers provision:

Except as otherwise provided by this constitution, no one of these branches, nor any person holding office in one of them, shall exercise power belonging to either of the others.[33]

Maine

See also: Maine Constitution and Maine Administrative Procedure Act

Article III of the Maine Constitution is a separation of powers provision:

The powers of this government shall be divided into 3 distinct departments, the legislative, executive and judicial.


No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.[34]

Maryland

See also: Maryland Constitution and Maryland Administrative Procedure Act

Article 8 of the Declaration of Rights in the Maryland Constitution is a separation of powers provision:

That the Legislative, Executive and Judicial powers of Government ought to be forever separate and distinct from each other; and no person exercising the functions of one of said Departments shall assume or discharge the duties of any other.[35]

Massachusetts

See also: Massachusetts Constitution and Massachusetts Administrative Procedure Act

Articles XX and XXX of Part the First of the Massachusetts Constitution contain a separation of powers provision:

XX: The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.


XXX: In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.[36]

Michigan

See also: Michigan Constitution and Michigan Administrative Procedure Act

Article III, Section 2 of the Michigan Constitution is a separation of powers provision:

The powers of government are divided into three branches; legislative, executive and judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this constitution.[37]

Minnesota

See also: Minnesota Constitution and Minnesota Administrative Procedure Act

Article III, Section 1 of the Minnesota Constitution is a separation of powers provision:

The powers of government shall be divided into three distinct departments: legislative, executive and judicial. No person or persons belonging to or constituting one of these departments shall exercise any of the powers properly belonging to either of the others except in the instances expressly provided in this constitution.[38]

Mississippi

See also: Mississippi Constitution and Mississippi Administrative Procedure Act

Article 1 of the Mississippi Constitution is a separation of powers provision:

The powers of the government of the state of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: those which are legislative to one, those which are judicial to another, and those which are executive to another.


No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments.[39]

Missouri

Article II, Section 1 of the Missouri Constitution is a separation of powers provision:

The powers of government shall be divided into three distinct departments—the legislative, executive and judicial—each of which shall be confided to a separate magistracy, and no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.[1]

Montana

See also: Montana Constitution and Montana Administrative Procedure Act

Article III, Section 1 of the Montana Constitution is a separation of powers provision:

The power of the government of this state is divided into three distinct branches--legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.[40]

Nebraska

See also: Nebraska Constitution and Nebraska Administrative Procedure Act

Article II of the Nebraska Constitution is a separation of powers provision:

The powers of the government of this state are divided into three distinct departments, the legislative, executive, and judicial, and no person or collection of persons being one of these departments shall exercise any power properly belonging to either of the others except as expressly directed or permitted in this Constitution.[41]

Nevada

See also: Nevada Constitution and Nevada Administrative Procedure Act

Article 3, Section 1 of the Nevada Constitution contains a separation of powers provision:

1. The powers of the Government of the State of Nevada shall be divided into three separate departments,—the Legislative,—the Executive and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases expressly directed or permitted in this constitution.


2. If the legislature authorizes the adoption of regulations by an executive agency which bind persons outside the agency, the legislature may provide by law for:

(a) The review of these regulations by a legislative agency before their effective date to determine initially whether each is within the statutory authority for its adoption;
(b) The suspension by a legislative agency of any such regulation which appears to exceed that authority, until it is reviewed by a legislative body composed of members of the Senate and Assembly which is authorized to act on behalf of both houses of the legislature; and
(c) The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended.[42]

New Hampshire

See also: North Dakota Constitution and North Dakota Administrative Procedure Act

Article 37 of Part First of the New Hampshire Constitution is a separation of powers provision:

In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity.[43]

New Jersey

See also: New Jersey Constitution and New Jersey Administrative Procedure Act

Article III of the New Jersey Constitution is a separation of powers provision:

The powers of the government shall be divided among three distinct branches, the legislative, executive, and judicial. No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution.[44]

New Mexico

See also: New Mexico Constitution and New Mexico Administrative Procedure Act

Article III of the New Mexico Constitution contains a separation of powers provision:

The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments, shall exercise any powers properly belonging to either of the others, except as in this constitution otherwise expressly directed or permitted. Nothing in this section, or elsewhere in this constitution, shall prevent the legislature from establishing, by statute, a body with statewide jurisdiction other than the courts of this state for the determination of rights and liabilities between persons when those rights and liabilities arise from transactions or occurrences involving personal injury sustained in the course of employment by an employee. The statute shall provide for the type and organization of the body, the mode of appointment or election of its members and such other matters as the legislature may deem necessary or proper.[45]

New York

See also: New York Constitution and New York Administrative Procedure Act

Article III of the New York Constitution vests the legislative power in the state legislature:

The legislative power of this state shall be vested in the senate and assembly.[46]

North Carolina

See also: North Carolina Constitution and North Carolina Administrative Procedure Act

Article I, Section 6 of the North Carolina Constitution is a separation of powers provision:

The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other.[3]

North Dakota

See also: North Dakota Constitution and North Dakota Administrative Procedure Act

Ohio

See also: Ohio Constitution and Ohio Administrative Procedure Act

Article II, Section 1 of the Ohio Constitution vests the legislative power in the state legislature:

The legislative power of the state shall be vested in a General Assembly consisting of a Senate and House of Representatives but the people reserve to themselves the power to propose to the General Assembly laws and

amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided.[47]

Oklahoma

See also: Oklahoma Constitution and Oklahoma Administrative Procedure Act

Article IV of the Oklahoma Constitution is a separation of powers provision:

The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.[48]

Oregon

See also: Oregon Constitution and Oregon Administrative Procedure Act

Article III, Section 1 of the Oregon Constitution is a separation of powers provision:

The powers of the Government shall be divided into three separate branches, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these branches, shall exercise any of the functions of another, except as in this Constitution expressly provided.[49]

Pennsylvania

See also: Pennsylvania Constitution and Pennsylvania Administrative Procedure Act

Article II, Section 1 of the Pennsylvania Constitution vests the legislative power in the state legislature:

The legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives.[50]

Rhode Island

See also: Rhode Island Constitution and Rhode Island Administrative Procedure Act

Article V of the Rhode Island Constitution is a separation of powers provision:

The powers of the government shall be distributed into three separate and distinct departments: the legislative, executive and judicial.[51]

South Carolina

See also: South Carolina Constitution and South Carolina Administrative Procedure Act

Article I, Section 8 of the South Carolina Constitution is a separation of powers provision:

In the government of this State, the legislative, executive, and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other.[11]

South Dakota

See also: South Dakota Constitution and South Dakota Administrative Procedure Act

Article II of the South Dakota Constitution is a separation of powers provision:

The powers of the government of the state are divided into three distinct departments, the legislative, executive and judicial; and the powers and duties of each are prescribed by this Constitution.[52]

Tennessee

See also: Tennessee Constitution and Tennessee Administrative Procedure Act

Article II, Sections 1 and 2 of the Tennessee Constitution contain separation of powers provisions:

1: The powers of the government shall be divided into three distinct departments: legislative, executive, and judicial.


2: No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.[53]

Texas

See also: Texas Constitution and Texas Administrative Procedure Act

Article 2 of the Texas Constitution is a separation of powers provision:

The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.[54]

Utah

See also: Utah Constitution and Utah Administrative Procedure Act

Article V of the Utah Constitution is a separation of powers provision:

The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.[9]

Vermont

See also: Vermont Constitution and Vermont Administrative Procedure Act

Section 5 of the Delegation and Distribution of Powers in the Vermont Constitution is a separation of powers provision:

The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the others.[55]

Virginia

See also: Virginia Constitution and Virginia Administrative Procedure Act

Article III of the Virginia Constitution is a separation of powers provision:

The legislative, executive, and judicial departments shall be separate and distinct, so that none exercise the powers properly belonging to the others, nor any person exercise the power of more than one of them at the same time; provided, however, administrative agencies may be created by the General Assembly with such authority and duties as the General Assembly may prescribe. Provisions may be made for judicial review of any finding, order, or judgment of such administrative agencies.[56]

Washington

See also: Washington Constitution and Washington Administrative Procedure Act

Article II of the Washington Constitution vests the legislative power in the state legislature:

The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington, but the people reserve to themselves the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, and also reserve power, at their own option, to approve or reject at the polls any act, item, section, or part of any bill, act, or law passed by the legislature.[57]

West Virginia

See also: West Virginia Constitution and West Virginia Administrative Procedure Act

Article V of the West Virginia Constitution is a separation of powers provision:

The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature.[58]

Wisconsin

See also: Wisconsin Constitution and Wisconsin Administrative Procedure Act

Article IV, Section 1 of the Wisconsin Constitution vests the legislative power in the state legislature:

The legislative power shall be vested in a senate and assembly[59]

Wyoming

Article II of the Wyoming Constitution is a separation of powers provision:

The powers of the government of this state are divided into three distinct departments: The legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.[10]

See also

Footnotes

  1. ↑ 1.0 1.1 Missouri General Assembly, "Missouri Constitution," accessed March 30, 2014
  2. ↑ 2.0 2.1 Alabama State Legislature, "Alabama Constitution," accessed September 23, 2019
  3. ↑ 3.0 3.1 North Carolina Legislature, "North Carolina State Constitution," accessed September 24, 2019
  4. ↑ Minnesota State Legislature, "Constitution of the State of Minnesota," accessed March 28, 2014
  5. ↑ California Legislature, "California Constitution, Article XI," accessed January 9, 2020
  6. ↑ 6.0 6.1 Lexis Nexis, "Colorado Constitution," accessed March 26, 2014
  7. ↑ Pennsylvania Constitution, "Constitution of the Commonwealth of Pennsylvania," accessed September 24, 2019
  8. ↑ South Dakota Legislature, "Article III, section 26," accessed September 25, 2019
  9. ↑ 9.0 9.1 Utah.gov, "Utah Constitution," accessed March 30, 2014
  10. ↑ 10.0 10.1 Wyoming State Legislature, "Wyoming Constitution," accessed March 30, 2014
  11. ↑ 11.0 11.1 South Carolina State House, "Article I: Declaration of Rights," accessed September 25, 2019
  12. ↑ Florida Statutes, "Chapter 120 - Administrative Procedure Act," accessed November 14, 2018
  13. ↑ Justia, "Illinois Administrative Procedure Act," accessed November 15, 2018
  14. ↑ 14.0 14.1 14.2 Kansas State Library, "Kansas Constitution," accessed March 28, 2014
  15. ↑ JUSTIA, "2017 Nevada Revised Statutes Chapter 233B - Nevada Administrative Procedure Act, NRS 233B.040 - Regulations: Authority to adopt; enforcement; inclusion of citation of authority and agency contact information; adoption of material by reference; deadline for adoption of proposed regulations; agency to explain failure to adopt.," accessed December 4, 2018
  16. ↑ Justia, "Vermont Statutes," accessed November 13, 2018
  17. ↑ JUSTIA, "Arizona Revised Statutes, § 41-1084 Prohibition on subdelegation," accessed January 9, 2020
  18. ↑ Justia, "2017 New Hampshire Revised Statutes—Chapter 541-A Administrative Procedure Act," accessed November 26, 2018
  19. ↑ JUSTIA, "Alaska Constitution, Article 2 - The Legislature," accessed January 9, 2020
  20. ↑ Arizona State Legislature, "Arizona Constitution," accessed March 26, 2014
  21. ↑ Text of Arkansas Constitution, Article 4, Section 2
  22. ↑ California Legislature, "California Constitution, Article III," accessed January 9, 2020
  23. ↑ Connecticut State Library, "Connecticut Constitution," accessed March 26, 2014
  24. ↑ State of Delaware, "Delaware Constitution, Article II. Legislature," accessed January 9, 2020
  25. ↑ Florida Senate, "Constitution of the State of Florida," accessed January 9, 2020
  26. ↑ Georgia State Senate, "Georgia Constitution," accessed June 27, 2023
  27. ↑ Hawaii Legislative Reference Bureau, "Hawaii Constitution," accessed January 9, 2020
  28. ↑ Idaho State Legislature, "Idaho Constitution," accessed March 28, 2014
  29. ↑ Illinois General Assembly, "Illinois Constitution," accessed March 28, 2014
  30. ↑ Indiana.gov, "Indiana Constitution," accessed March 30, 2014
  31. ↑ Iowa.gov, "Iowa Constitution," accessed March 28, 2014
  32. ↑ 32.0 32.1 Kentucky Legislature, "Kentucky Constitution," accessed March 28, 2014
  33. ↑ Louisiana State Senate, "Louisiana Constitution," accessed March 28, 2014
  34. ↑ Maine.gov, "Constitution of the State of Maine," accessed March 28, 2014
  35. ↑ Maryland.gov, "Constitution of Maryland," accessed March 28, 2014
  36. ↑ Massachusetts State Legislature, "Constitution of the Commonwealth of Massachusetts," accessed March 28, 2014
  37. ↑ Michigan State Legislature, "Michigan Constitution," accessed March 28, 2014
  38. ↑ Minnesota State Legislature, "Constitution of the State of Minnesota," accessed March 28, 2014
  39. ↑ Mississippi SOS, "Mississippi Constitution" (HTML), accessed March 28, 2014
  40. ↑ Montana Judicial Branch, "Montana Constitution," accessed March 30, 2014
  41. ↑ Nebraska State Legislature, "Nebraska Constitution," accessed March 30, 2014
  42. ↑ Nevada State Legislature, "Nevada Constitution," accessed March 30, 2014
  43. ↑ NH.gov, "New Hampshire State Constitution," accessed March 30, 2014
  44. ↑ New Jersey State Legislature, "New Jersey State Constitution," accessed March 30, 2014
  45. ↑ FindLaw, "New Mexico Constitution Art. III, § 1. Separation of powers," accessed September 24, 2019
  46. ↑ New York Department of State, "New York Constitution Art. III, Section 1. Legislative power," accessed January 15, 2020
  47. ↑ Ohio Legislature, "Constitution of the State of Ohio," accessed January 16, 2020
  48. ↑ Oklahoma Supreme Court, "Oklahoma Constitution, Section: Article 4 section 1," accessed September 24, 2019
  49. ↑ Oregon State Legislature, "Constitution of Oregon," accessed March 30, 2014
  50. ↑ Pennsylvania Constitution, "Constitution of the Commonwealth of Pennsylvania," accessed September 24, 2019
  51. ↑ State of Rhode Island General Assembly, "Constitution of the State of Rhode Island and Providence Plantations," accessed September 25, 2019
  52. ↑ South Dakota Legislature, "Article II," accessed September 25, 2019
  53. ↑ State of Tennessee, "Tennessee Constitution," September 25, 2019
  54. ↑ Texas Constitution and Statutes, "Texas Constitution," accessed March 30, 2014
  55. ↑ Vermont State Legislature, "Constitution of Vermont," accessed March 30, 2014
  56. ↑ Virginia's Legislative Information System, "Constitution of Virginia," accessed March 30, 2014
  57. ↑ Washington Legislature, "Constitution of the State of Washington," accessed January 16, 2020
  58. ↑ West Virginia Legislature, "West Virginia Constitution," accessed March 30, 2014
  59. ↑ Wisconsin Legislature, "Wisconsin Constitution," accessed January 10, 2020
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