dissenting.
The majority recognizes that this court has held on a number of occasions that it is obliged to render an advisory opinion to *1376either House of the General Assembly in response to a question regarding the constitutionality of pending legislation and to the Governor in response to a question relating to a present constitutional duty awaiting performance by the Chief Executive. In re Advisory Opinion (Chief Justice), 507 A.2d 1316 (R.I.1986); In re Advisory Opinion to the Governor (Conflict of Interest Commission), 504 A.2d 456 (R.I.1986); Opinion to the Governor, 109 R.I. 289, 284 A.2d 295 (1971); Opinion to the House of Representatives, 99 R.I. 377, 208 A.2d 126 (1965). We have held steadfastly to this limitation with few exceptions.
In In re Advisory Opinion (Chief Justice), supra, we did answer a question propounded by the leaders of both Houses of the General Assembly concerning the propriety of the removal of the Chief Justice by a joint resolution of the House and the Senate. I would point out, however, that this request did deal with the constitutionality of pending legislation. Although the request came from the leaders of each House and the Governor, we pointed out that our advisory opinion may be requested only by a majority of either House of the General Assembly in respect to the constitutionality of pending legislation or in response to an inquiry by the Governor in respect to a present constitutional duty awaiting his or her performance. 507 A.2d at 1318-19. It was obvious that a request propounded by the leaders of both Houses of the General Assembly was technically defective but that such a question could have rapidly been transformed into a request by either House. We cautioned, however, that our answering the question should not serve as a precedent. Id. at 1319.
In the present inquiry, however, the House of Representatives clearly propounds a question that has nothing to do with the constitutionality of pending legislation. The request seeks an advisory opinion concerning a duty to be performed by the Governor in respect to legislation already enacted. Such a question under our cases should not be answered pursuant to article X, section 3, of the 1986 Rhode Island Constitution or its predecessor article XII, section 2, of the Amendments to the Constitution of 1843.
Any reply from this court to an advisory request made by the House of Representatives in respect to a duty to be performed by the Governor is particularly inappropriate in light of the undisputed fact that the Governor does not seek our advice on this question. Indeed, the Governor has filed a brief clearly indicating that he feels that at this time our answer to such a question propounded by the House of Representatives would be a violation of our precedents. With this position I wholeheartedly agree.
I should also point out that there is already litigation pending in the Superior Court based upon the precise issue of the Governor’s power to withhold moneys appropriated through the Department of Administration for the benefit of the various cities and towns. Such pending litigation could elicit an answer from us that would have binding precedential effect. It is clear that an advisory opinion simply sets forth the opinions of the individual justices and is without weight as legal precedent. Opinion to the House of Representatives, 99 R.I. at 380-81, 208 A.2d at 128 (citing G. & D. Taylor & Co. v. Place, 4 R.I. 324, 362 (1856)).
In respect to the merits of the question, since my colleagues are of the opinion that the question should be answered, I would join in the dissenting opinion filed by Justice Shea. My joining in this opinion on the merits of the question should in no way be construed as indicating a belief on my part that an answer should be given.