Nondelegation doctrine: State limits on delegation of legislative power to agencies
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This survey is part of a series of 50-state surveys examining the five pillars key to understanding the administrative state |
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Five Pillars of the Administrative State |
• Nondelegation • Judicial deference • Executive control • Procedural rights • Agency dynamics |
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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
- Summary of key findings
- Table indicating limitations on the delegation of legislative power to other branches
- Text of state APAs or constitutions with restrictions on delegating the power to make rules with criminal penalties
- Text of state APAs or constitutions with restrictions on delegating the taxing power
- Text of state APAs or constitutions with restrictions on delegating municipal functions
- Text of state APAs or constitutions with restrictions on delegating the power to regulate alcohol
- Text of state APAs or constitutions with restrictions on the scope of delegated power
- Text of state APAs or constitutions with restrictions on the subdelegation of delegated authority
- Text of state constitutions with separation of powers provisions
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.
means that the particular document contains restrictions on delegation
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 |
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Alabama | ![]() |
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Alaska | ![]() |
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Arizona | ![]() |
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Arkansas | ![]() |
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California | ![]() |
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Colorado | ![]() |
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Connecticut | ![]() |
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Delaware | ![]() |
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Florida | ![]() |
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Hawaii | ![]() |
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Idaho | ![]() |
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Illinois | ![]() |
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Indiana | ![]() |
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Iowa | ![]() |
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Kansas | ![]() |
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Kentucky | ![]() |
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Louisiana | ![]() |
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Maine | ![]() |
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Maryland | ![]() |
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Massachusetts | ![]() |
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Michigan | ![]() |
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Minnesota | ![]() |
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Mississippi | ![]() |
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Missouri | ![]() |
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Montana | ![]() |
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Nebraska | ![]() |
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Nevada | ![]() |
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New Hampshire | ![]() |
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New Jersey | ![]() |
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New Mexico | ![]() |
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New York | ![]() |
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North Carolina | ![]() |
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North Dakota | ![]() |
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Ohio | ![]() |
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Oklahoma | ![]() |
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Oregon | ![]() |
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Pennsylvania | ![]() |
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Rhode Island | ![]() |
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South Carolina | ![]() |
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South Dakota | ![]() |
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Tennessee | ![]() |
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Texas | ![]() |
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Utah | ![]() |
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Vermont | ![]() |
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Virginia | ![]() |
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Washington | ![]() |
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West Virginia | ![]() |
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Wisconsin | ![]() |
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Wyoming | ![]() |
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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
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
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
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:
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
Section 541-A:22 of the New Hampshire Administrative Procedure Act:
III. An agency shall not by rule: ...
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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.
(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
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
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.
|
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
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.
|
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
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.
|
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.
|
New Hampshire
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
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
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
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
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
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
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
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
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.
|
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
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
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
- ↑ 1.0 1.1 Missouri General Assembly, "Missouri Constitution," accessed March 30, 2014
- ↑ 2.0 2.1 Alabama State Legislature, "Alabama Constitution," accessed September 23, 2019
- ↑ 3.0 3.1 North Carolina Legislature, "North Carolina State Constitution," accessed September 24, 2019
- ↑ Minnesota State Legislature, "Constitution of the State of Minnesota," accessed March 28, 2014
- ↑ California Legislature, "California Constitution, Article XI," accessed January 9, 2020
- ↑ 6.0 6.1 Lexis Nexis, "Colorado Constitution," accessed March 26, 2014
- ↑ Pennsylvania Constitution, "Constitution of the Commonwealth of Pennsylvania," accessed September 24, 2019
- ↑ South Dakota Legislature, "Article III, section 26," accessed September 25, 2019
- ↑ 9.0 9.1 Utah.gov, "Utah Constitution," accessed March 30, 2014
- ↑ 10.0 10.1 Wyoming State Legislature, "Wyoming Constitution," accessed March 30, 2014
- ↑ 11.0 11.1 South Carolina State House, "Article I: Declaration of Rights," accessed September 25, 2019
- ↑ Florida Statutes, "Chapter 120 - Administrative Procedure Act," accessed November 14, 2018
- ↑ Justia, "Illinois Administrative Procedure Act," accessed November 15, 2018
- ↑ 14.0 14.1 14.2 Kansas State Library, "Kansas Constitution," accessed March 28, 2014
- ↑ 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
- ↑ Justia, "Vermont Statutes," accessed November 13, 2018
- ↑ JUSTIA, "Arizona Revised Statutes, § 41-1084 Prohibition on subdelegation," accessed January 9, 2020
- ↑ Justia, "2017 New Hampshire Revised Statutes—Chapter 541-A Administrative Procedure Act," accessed November 26, 2018
- ↑ JUSTIA, "Alaska Constitution, Article 2 - The Legislature," accessed January 9, 2020
- ↑ Arizona State Legislature, "Arizona Constitution," accessed March 26, 2014
- ↑ Text of Arkansas Constitution, Article 4, Section 2
- ↑ California Legislature, "California Constitution, Article III," accessed January 9, 2020
- ↑ Connecticut State Library, "Connecticut Constitution," accessed March 26, 2014
- ↑ State of Delaware, "Delaware Constitution, Article II. Legislature," accessed January 9, 2020
- ↑ Florida Senate, "Constitution of the State of Florida," accessed January 9, 2020
- ↑ Georgia State Senate, "Georgia Constitution," accessed June 27, 2023
- ↑ Hawaii Legislative Reference Bureau, "Hawaii Constitution," accessed January 9, 2020
- ↑ Idaho State Legislature, "Idaho Constitution," accessed March 28, 2014
- ↑ Illinois General Assembly, "Illinois Constitution," accessed March 28, 2014
- ↑ Indiana.gov, "Indiana Constitution," accessed March 30, 2014
- ↑ Iowa.gov, "Iowa Constitution," accessed March 28, 2014
- ↑ 32.0 32.1 Kentucky Legislature, "Kentucky Constitution," accessed March 28, 2014
- ↑ Louisiana State Senate, "Louisiana Constitution," accessed March 28, 2014
- ↑ Maine.gov, "Constitution of the State of Maine," accessed March 28, 2014
- ↑ Maryland.gov, "Constitution of Maryland," accessed March 28, 2014
- ↑ Massachusetts State Legislature, "Constitution of the Commonwealth of Massachusetts," accessed March 28, 2014
- ↑ Michigan State Legislature, "Michigan Constitution," accessed March 28, 2014
- ↑ Minnesota State Legislature, "Constitution of the State of Minnesota," accessed March 28, 2014
- ↑ Mississippi SOS, "Mississippi Constitution" (HTML), accessed March 28, 2014
- ↑ Montana Judicial Branch, "Montana Constitution," accessed March 30, 2014
- ↑ Nebraska State Legislature, "Nebraska Constitution," accessed March 30, 2014
- ↑ Nevada State Legislature, "Nevada Constitution," accessed March 30, 2014
- ↑ NH.gov, "New Hampshire State Constitution," accessed March 30, 2014
- ↑ New Jersey State Legislature, "New Jersey State Constitution," accessed March 30, 2014
- ↑ FindLaw, "New Mexico Constitution Art. III, § 1. Separation of powers," accessed September 24, 2019
- ↑ New York Department of State, "New York Constitution Art. III, Section 1. Legislative power," accessed January 15, 2020
- ↑ Ohio Legislature, "Constitution of the State of Ohio," accessed January 16, 2020
- ↑ Oklahoma Supreme Court, "Oklahoma Constitution, Section: Article 4 section 1," accessed September 24, 2019
- ↑ Oregon State Legislature, "Constitution of Oregon," accessed March 30, 2014
- ↑ Pennsylvania Constitution, "Constitution of the Commonwealth of Pennsylvania," accessed September 24, 2019
- ↑ State of Rhode Island General Assembly, "Constitution of the State of Rhode Island and Providence Plantations," accessed September 25, 2019
- ↑ South Dakota Legislature, "Article II," accessed September 25, 2019
- ↑ State of Tennessee, "Tennessee Constitution," September 25, 2019
- ↑ Texas Constitution and Statutes, "Texas Constitution," accessed March 30, 2014
- ↑ Vermont State Legislature, "Constitution of Vermont," accessed March 30, 2014
- ↑ Virginia's Legislative Information System, "Constitution of Virginia," accessed March 30, 2014
- ↑ Washington Legislature, "Constitution of the State of Washington," accessed January 16, 2020
- ↑ West Virginia Legislature, "West Virginia Constitution," accessed March 30, 2014
- ↑ Wisconsin Legislature, "Wisconsin Constitution," accessed January 10, 2020
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