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agree with Delegate Case that the removal of the words "by
law" in 4.18 would place a constitutional mandate upon the
legislature or upon the Governor that this is the manner in
which the functions of the departments must be allocated
in the minimum number of departments which must be created
and thereby would make it consistent with 4.19.
The question that I would have is whether 4.19
could be held to be wholly consistent with 4.18 unless thos?
words are removed.
The second question that I would have deals with
the use of the term in lines 40 and 41 of 4.19, which might
also be considered by the Committee during its recess
I meeting, would be the term executive orders. Is it not
correct that an executive order is an action by a Governor
or President taken pursuant to either his inherent power
as executive pursuant to a statutory power which is not
subject to subsequent review, but what the Committee, it
seems to me, is getting at, is a reorganization plan which
I take it to be somewhat different from an executive order.
THE CHAIRMAN: I take it the Committee will
consider those suggestions. Delegate Gleason.