St. Paul Fire & Marine Insurance Co. v. Smith
Also decided on this docket: La., June 5, 1992 600 So. 2d 593; La., November 30, 1992 609 So. 2d 809
St. Paul Fire & Marine Insurance Co. v. Smith, 609 So. 2d 809 (La. 1992).
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Opinion text
DENNIS, Judge, concurring. I join in the majority opinion but write to add this observation. Under our system of government with limited powers, “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Marbury v. Madison, 1 Cranch 175 , 177, 2 L.Ed. 60 (1803) (Marshall, C.J.). Within the judicial department, this court is the final arbiter of the meaning of the state constitution and laws. Therefore, after this court has said what a law means, legislative action adopting a different meaning necessarily effects a change and not an interpretation of that law.