October 27, 2003

Indiana Law - The separation of powers in Indiana

Today I am making available a paper I completed in July, titled "Maintaining the balance of power between the legislative and executive branches of Indiana state government post 1941." This 27-page article originally was intended for traditional publication. I have elected to make it available on The Indiana Law Blog because of the long lead-time for potential journal acceptance and publication, which may be six months to a year or more.

Why did I write it? In the late 60s I attended night law school and worked during the day for the Indiana General Assembly's staffing agency at the time, the Legislative Advisory Commission. Much of my legal education came from the legislative job. At the time I heard about one case over and over, "Tucker v. State."

In the 70s, when I served in the executive branch as counsel to the State Budget Agency, I heard about another case over and over, "the Grills case."

This year, in a different century, I elected to research these decisions and examine how they may impact today's legislative and executive branches. This paper is the result. Here is the outline:

I. INTRODUCTION
II. POLITICAL ACTIVITY PRECEDING TUCKER V. STATE
A. The 1933 Executive Reorganization
B. The 1941 General Assemblyís Response
III. THE SUPREME COURTíS DECISION IN TUCKER V. STATE
A. The Separation of Powers
B. The Executive Including the Administrative
C. The Appointing Authority of the Governor
IV. SUBSEQUENT LEGISLATION AND CHALLENGES
A. Book v. State Office Building Commission
B. Gardner v. Grills
V. TWO PROBLEMATIC STATUTES AND THE POTENTIAL REMEDIES
A. The State Budget Agency Act of 1961
1. The Issue
2. Resolving the Constitutional Defects
B. The Department of Commerce and the IEDC
1. The Issue
2. Resolving the Constitutional Defects
VI. CONCLUSION
If you have comments, I hope you'll let me know. I am also making this paper permanently available on my publications page.

Posted by Marcia Oddi at October 27, 2003 06:54 AM