Rampton v. Barlow

CALLISTER, Justice

(concurring in the result) :

I concur in the result of the majority opinion on the ground that Section 5(1) of Senate Bill 10, which confers certain powers of appointment to the State Board of Higher Education upon members of the Legislature, is unconstitutional in that it violates Article V, Section 1 of *395the Constitution of Utah, which provides for the separation of powers of the three departments of government. The provisions of this one section of the act concerning the appointment of the members to the Board are interrelated, and it is not within the scope of this court’s function to select the valid- portions of this section and conjecture that they should stand independently of the portions which are invalid;1 therefore, all of Section 5 (1) is unconstitutional.

. State By and Through Hansen v. Salt Lake City, 21 Utah 2d 318, 325, 445 P.2d 691 (1968); Carter v. Beaver County Service Area No. One, 16 Utah 2d 280, 283, 399 P.2d 440 (1965); Pride Oil Co. v. Salt Lake County, 13 Utah 2d 183, 187, 370 P.2d 355 (1962).