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Open Access. Powered by Scholars. Published by Universities.®

Columbia Law School

2019

Constitutional Law

Albany Law Review

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Full-Text Articles in Law

The Single-Subject Rule: A State Constitutional Dilemma, Richard Briffault Jan 2019

The Single-Subject Rule: A State Constitutional Dilemma, Richard Briffault

Faculty Scholarship

Critics of the proliferation of omnibus legislation in Congress have pointed to the constitutions of the American states as providing an alternative, and potentially superior, model for lawmaking. Forty-three state constitutions include some sort of “single-subject” rule, that is, the requirement that each act of the legislature be limited to a single subject. Many of these provisions date back to the second quarter of the nineteenth century, and, collectively, they have been the subject of literally thousands of court decisions. Nor is the rule a relic from a bygone era; one recent study found the rule at stake in 102 …