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that you have certainly weakened the gov-
ernor's power here.
It may be that at a later time I will ask
the Committee to delete that section.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I do not think
it is any weaker than it is at the present
time.
DELEGATE J. CLARK (presiding) :
Delegate Byrnes.
DELEGATE BYRNES: Does the federal
Constitution permit Congress to delegate
duties to the vice-president, such duties as
they wish?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I think they
are described in the Constitution. Actually
the Congress, I think, has given the vice-
president certain duties. I cannot offhand
remember what they are. Delegate Gleason
I think is familiar with them.
DELEGATE J. CLARK (presiding) :
Delegate Gleason.
DELEGATE GLEASON: If I might say
to Delegate Byrnes, some five, six, seven
or eight years ago, the Congress established
a Space Council which was composed by
law of the vice-president, secretary of de-
fense, secretary of state and a number of
other top officials. That council was pre-
sided over by the vice-president.
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE ^ORGAN: Thank you,
Delegate Gleason.
DELEGATE J. CLARK (presiding) :
Delegate Byrnes.
DELEGATE BYRNES: I was familiar
with that particular one. I was going to
suggest that was an example. I wonder
whether Vice-President Humphrey has au-
thority over decisions of the space program
or whether the final decision still rests
with President Johnson?
I ask this because I am curious whether
or not the General Assembly could vest
final authority for certain programs, ex-
ecutive functions, in the lieutenant gover-
nor. This is not the same thing as saying
they could invest in him some supervisory
role.
I am curious about this provision grant-
ing the General Assembly authority to give
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unlimited powers to the lieutenant gover-
nor.
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: I just do not
know how to answer that question. I sup-
pose you can always have a power which
can be abused. I suppose any power can
be abused.
DELEGATE . J. CLARK (presiding) :
For what reason does Delegate Gleason
rise?
DELEGATE GLEASON: I wonder if
there is not some question as to the differ-
ence that exists between duties and powers.
As I understand it the executive power is
given to the governor. That power cannot
be imposed upon the lieutenant governor
by the General Assembly. They can pre-
scribe duties and as one of those duties I
mention what they have done in the federal
government. In that case they did not take
the executive power from the president and
give it to the vice-president.
I think the confusion arises over the
concept of duties and powers.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I still think you
have a problem; for example, the General
Assembly can confer powers on a quasi-
legislative body and have the members of
that body have staggered terms, and those
members would not be under the governor's
thumb, although in a sense they would be
responsible to him. But I do not think that
that has ever been thought of as inter-
fering with the governor's executive powers.
DELEGATE J. CLARK (presiding):
Delegate Byrnes.
DELEGATE BYRNES: It would be
much like delegating to the department of
health by law certain responsibilities and
duties. By that act the executive powers as
we have defined them would not be arro-
gated.
DELEGATE J. CLARK (presiding):
Delegate Morgan.
DELEGATE MORGAN: I would not
think so.
DELEGATE J. CLARK (presiding):
Delegate Byrnes.
DELEGATE BYRNES: You said that
the General Assembly should decide what
a principal department would be. It seems
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