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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10787   View pdf image (33K)
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10,787

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concerning this amendment which I am offering essentially:

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"If the organic law of a government is silent

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as to the mode of removal of an official, the official

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must be deposed as provided by a fundamental law. Where the

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Constitution provides a mode for removal of officers,

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that mode is exclusive. Ordinarily the legislature cannot

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provide for the removal of officers protected by the

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Constitution.", which in this case means that the legislature

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could not provide for the removal of the Comptroller or

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Attorney General since they are provided in the

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Constitution.

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"Statutes providing for the removal of an

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officer are strictly construed.

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"The power to remove a public officer is an

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incident of the sovereign power. The power of removal

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in England, at common law, resided with the King. In the

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United States the power rests with the people. They may

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bestow this power on the executive or the legislature or

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the judiciary.

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"The Governor has no inherent power to remove

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an official." — as Governors have found ott to their

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10787   View pdf image (33K)
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