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Forty-Seventh Legislature of the State of Arizona v. Napolitano: Appropriations of Authority

Abstract

The Arizona Supreme Court limits its intervention into disputes between the legislative and executive branches of the state government. Therefore, Forty-seventh Legislature of the State of Arizona v. Napolitano marks a rare moment in the court's history. In short, this case addresses the constitutional limits of the governor's veto authority, a topic the court last addressed fifteen years ago. The court considered whether legislation exempting some state employees from the state merit system was an appropriation and therefore constitutionally subject to line-item veto. Much of the opinion, however, consists of Chief Justice MacGregor's analysis of whether the court had jurisdiction and the legislature standing. Without a clear source of its own authority or a clear injury to one branch, the court treads unsteady ground. Forty-seventh Legislature v. Napolitano, then, is important for its analysis of both executive and judicial power.

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49 Ariz. L. Rev. 179 (2007)

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Authors

Susan E. Schwem

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