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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10788   View pdf image (33K)
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10,788

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sorrow, particularly in the days before they had a

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Judicial Disability Commission. — "However, the power to

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appoint carries with it, as an incident, the power to remove

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if no definite term is fixed."

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So there is an implied power that the Governor

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can remove an official that he appoints. However, when

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a definite term of office is fixed, the power to appoint

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does not carry with it as an incident of the power of

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appointment the power to remove. Now, when the

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Constitution provides that an officer may be removed at

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the pleasure of the appointing officer, the officer must

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be removed despite a definite term, so if it is provided

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in the Constitution that the appointing officer can remove

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the officer at pleasure, as is done in this Constitution

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for the heads of the executive departments , then he does

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have the power to remove.

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Now, there is nothing in any of the county

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charters providing for either impeachment or removal

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except in one or two isolated instances.

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Removal from public office is very definite —

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deals in very definite terms. The memorandum which I

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10788   View pdf image (33K)
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