Schulz v. State, 43 N.Y.2d 532 (1977)

Courts should generally refrain from issuing advisory opinions on the constitutionality of proposed legislation prior to a public vote, particularly when the outcome of the vote determines whether the legislation will take effect.

Summary

A group of taxpayers sought a declaratory judgment that a proposed state bond act was unconstitutional because it allegedly violated the constitutional requirement that state debt be authorized for a “single work or purpose.” They also sought an injunction to prevent the Governor from enforcing the law if voters approved it. The New York Court of Appeals held that it was premature for the courts to rule on the law’s constitutionality before the public vote. The court emphasized that judicial intervention would be appropriate only if the issue concerned whether the proposition should even appear on the ballot.

Facts

Chapter 455 of the Laws of 1977 authorized the creation of a state debt of $750,000,000, contingent upon voter approval in the upcoming general election. The law was intended to fund various public capital facilities. The State Board of Elections certified the proposition for the ballot. The plaintiffs, citizen taxpayers, then commenced an action claiming the proposed law violated Article VII, Section 11 of the New York Constitution, which requires that state debt be authorized for a “single work or purpose”.

Procedural History

The plaintiffs initially sought a declaratory judgment, an injunction against the Governor, and a mandatory injunction to remove the proposition from the ballot. The plaintiffs discontinued the action against the Chairman of the Board of Elections and abandoned the request to remove the proposition from the ballot. The trial court granted summary judgment to the plaintiffs, declaring the law unconstitutional and enjoining the Governor. The Appellate Division modified by denying counsel fees but otherwise affirmed. The Court of Appeals reversed, ordering the complaint dismissed.

Issue(s)

Whether a court should rule on the constitutionality of a proposed law authorizing state debt, prior to a public vote that determines whether the law will take effect.

Holding

No, because such a ruling would constitute an advisory opinion, which is outside the proper role of the courts under the State Constitution and applicable statutes.

Court’s Reasoning

The court emphasized that the judiciary’s function is to resolve actual controversies between litigants, not to issue advisory opinions. The court cited Matter of State Industrial Commission, 224 N.Y. 13, 16, stating that giving advisory opinions is not the exercise of the judicial function. A declaratory judgment is premature if a future event, like a successful vote, is beyond the parties’ control and may never occur. The court noted, “[C]ourts will not entertain a declaratory judgment action when any decree that the court might issue will become effective only upon the occurrence of a future event that may or may not come to pass.” The court acknowledged that it had previously considered the validity of proposed legislation when resolving disputes about whether a proposition should be on the ballot. However, in this case, the plaintiffs abandoned their request to remove the proposition from the ballot, making any ruling on constitutionality an advisory opinion. The court stated, “Judicial intervention or expression would be premature pending the outcome of the referendum.”