with the authority to enact felonies, the constitutional and public policy concerns would be immense. However, §§ 91.150 and 91.152 of the Ordinances authorize a maximum penalty of 12 months incarceration— the same minimum penalty authorized under a Class D felony. KRS 532.060(2)(d). In any event, it is not the duration of incarceration that offends the most basic notions of due process and liberty; rather, it is the mere act of authorizing confinement by an entity other than the state. The authority to enact laws depriving citizens of their liberty by incarceration is the exclusive charge of the sovereign. In Kentucky, this authority is non-delegable and, therefore, may not be transferred to local governments. Board of Trustees v. City of Paducah, 333 S.W.2d 515, 518 (Ky.1960) (<HOLDING>). In arriving at this determination, I
holding that right to be heard in article i section 11 incorporates framers contemporaneous understanding which did not recognize criminal defendants right to testify holding that a district court cannot require a unit of state or local government to abide by a consent decree that does not serve any federal interest holding that state and local government agencies were not persons under the fca holding a local government sued under  1983 has no immunity even if its employee is entitled to qualified immunity and the court of appeals does not have jurisdiction over the local governments interlocutory appeal holding that kentucky does not recognize any inherent right to local government