Neb. Const. art. II § II-1 Legislative, Executive, Judicial |

Legislation

Neb. Const. art. II § II-1 Legislative, Executive, Judicial

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(1) 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.

(2) Notwithstanding the provisions of subsection (1) of this section, supervision of individuals sentenced to probation, released on parole, or enrolled in programs or services established within a court may be undertaken by either the judicial or executive department, or jointly, as provided by the Legislature.

Notes:

Note:

1. Legislative power

2. Executive power

3. Judicial power

4. Miscellaneous

1. Legislative power

The Legislature may not delegate its lawmaking function to the executive or judicial branches. In re Petition of Nebraska Community Corr. Council, 274 Neb. 225, 738 N.W.2d 850 (2007).

An executive agency decision which is a legislative act encroaches upon and interferes with legislative powers that cannot be delegated to an executive agency. Such unilateral action by an agency violates the language of this provision. Clemens v. Harvey, 247 Neb. 77, 525 N.W.2d 185 (1994).

A grant of administrative authority is not an unconstitutional delegation of legislative power. Blackledge v. Richards, 194 Neb. 188, 231 N.W.2d 319 (1975).

Sections 77-202.25 to 77-202.33 do not constitute an appropriation and are not violative hereof. Stahmer v. State, 192 Neb. 63, 218 N.W.2d 893 (1974).

Sections 79-486 and 79-4,102 do not unlawfully delegate legislative authority and are not unconstitutional. Mann v. Wayne County Board of Equalization, 186 Neb. 752, 186 N.W.2d 729 (1971).

Legislature cannot through appropriations exercise or invade constitutional rights or powers of executive. Legislature cannot administer appropriations once made. State ex rel. Meyer v. State Board of Equalization and Assessment, 185 Neb. 490, 176 N.W.2d 920 (1970).

Nebraska Revenue Act of 1967 was not an unlawful delegation of legislative power to the United States. Anderson v. Tiemann, 182 Neb. 393, 155 N.W.2d 322 (1967).

Legislature may not delegate or impose legislative functions upon judicial department. McDonald v. Rentfrow, 176 Neb. 796, 127 N.W.2d 480 (1964).

Grant of legislative power to Department of Education was an exception expressly authorized by Constitution. School Dist. No. 8 of Sherman County v. State Board of Education, 176 Neb. 722, 127 N.W.2d 458 (1964).

Legislature, in creating an administrative body, cannot delegate power which is conferred solely upon the Legislature. Terry Carpenter, Inc. v. Nebraska Liquor Control Commission, 175 Neb. 26, 120 N.W.2d 374 (1963).

Legislature has power to confirm appointments to public office. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

Delegation of rule-making power to Superintendent of Public Instruction, without adequate standards, violated this section. School Dist. No. 39 of Washington County v. Decker, 159 Neb. 693, 68 N.W.2d 354 (1955).

Delegation of legislative powers to a county committee to fix boundaries of school district was constitutional. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).

Legislature could delegate to Board of Regents authority to make rules for efficient operation of University Hospital. Board of Regents v. County of Lancaster, 154 Neb. 398, 48 N.W.2d 221 (1951).

Reclamation Act did not violate this section. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).

Housing authority acts granting administrative functions to city council were not unconstitutional delegation of legislative authority. Lennox v. Housing Authority of City of Omaha, 137 Neb. 582, 290 N.W. 451 (1940).

Legislature has no power to delegate legislative authority to an administrative board or to outside agency such as United States Congress. Smithberger v. Banning, 129 Neb. 651, 262 N.W. 492 (1935).

Statute regulating size of loaf of bread, authorizing Secretary of Agriculture to fix reasonable excess tolerances, is not invalid as a delegation of legislative power. Petersen Baking Co. v. Bryan, 124 Neb. 464, 247 N.W. 39 (1933), affirmed in 290 U.S. 570 (1934).

Act providing for control and eradication of diseases among domestic animals does not delegate legislative power, and is not invalid. State ex rel. Sorensen v. Knudtsen, 121 Neb. 270, 236 N.W. 696 (1931).

Governor, in submitting budget recommendations and in acting on appropriation bills, is in performance of "legislative duties" within meaning hereof. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).

Proviso of law relating to organization of new school districts was unconstitutional as attempting to delegate legislative functions to private persons. Rowe v. Ray, 120 Neb. 118, 231 N.W. 689 (1930).

Duty placed on administrative board to provide form of insurance contract was not an unconstitutional delegation of legislative power. State ex rel. Martin v. Howard, 96 Neb. 278, 147 N.W. 689 (1914).

Statute providing for direct appeals to Supreme Court from Railway Commission is not invalid as attempting to confer legislative power on court. Hooper Tel. Co. v. Nebraska Tel. Co., 96 Neb. 245, 147 N.W. 674 (1914).

This section prohibits attempting to confer upon district court legislative authority to sever agricultural lands from municipal limits. Winkler v. City of Hastings, 85 Neb. 212, 122 N.W. 858 (1909).

Making it discretionary in district court to determine necessity for calling grand jury does not confer legislative powers upon judiciary. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).

2. Executive power

The Board of Nursing has power to deny a license upon proof applicant is guilty of unprofessional conduct, and upon review de novo, district court may not substitute its own judgment on that issue. Scott v. State ex rel. Board of Nursing, 196 Neb. 681, 244 N.W.2d 683 (1976).

The statutes which give the Court of Industrial Relations jurisdiction over public employees are not unconstitutional. American Fed. of S., C. and M. Emp. v. Department of Public Institutions, 195 Neb. 253, 237 N.W.2d 841 (1976).

Adoption of existing law or regulation by reference does not delegate legislative power to administrative officer to create criminal offenses. State v. Workman, 186 Neb. 467, 183 N.W.2d 911 (1971).

Statute authorizing transfer of land from a nonaccredited to an accredited high school district did not violate this section. De Jonge v. School Dist. of Bloomington, 179 Neb. 539, 139 N.W.2d 296 (1966).

Regulation of Nebraska Liquor Control Commission fixing hours for sale of beer outside corporate limits of cities and villages did not violate this section. Griffin v. Gass, 133 Neb. 56, 274 N.W. 193 (1937).

Powers of State Board of Agriculture are neither legislative nor judicial. Crete Mills v. Nebraska State Board of Agriculture, 132 Neb. 244, 271 N.W. 684 (1937).

Legislature may not impose judicial power upon executive officers or delegate legislative power to them. Laverty v. Cochran, 132 Neb. 118, 271 N.W. 354 (1936).

Act requiring county attorney to perform duties of coroner is not invalid as clothing administrative officer with judicial power. State ex rel. Crosby v. Moorhead, 100 Neb. 298, 159 N.W. 412 (1916).

Act authorizing chief officer of state department or institution to...

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Neb. Const. art. II § II-1 Legislative, Executive, Judicial

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