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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1451   View pdf image (33K)
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[Nov. 30] DEBATES 1451

qualifications of the lieutenant governor as
they do at the governor, just as they do
not look as carefully of the qualifications
of the vice president as they look at the
presidential candidates. I do not think this
is a power that we should lightly cast aside,
giving the governor the ability to delegate
it to the lieutenant governor. I do hope
this amendment is approved.

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: I wonder if
Chairman Morgan would yield for a ques-
tion?

THE CHAIRMAN: Delegate Morgan,
do you yield?

DELEGATE MORGAN: I yield.
THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: I do not know
whether or not I am playing with seman-
tics, but I wonder if there is a distinction
meant in the use in various sections of
this article between the word "power", or
"powers", and the word, "duties". Section
4. 01 refers to the executive powers. Sec-
tion 4. 03, with which we are now con-
cerned, speaks of performing such duties
as may be delegated to it. In the section
relating to the powers and duties of suc-
cessor, both words are used together, to
indicate, perhaps, that more is meant by
one than the other.

I am wondering if a constitutional power,
which I would conceive of the governor's
veto being, under the language which seems
to make a distinction between the word
"power" and "duties", could be delegated
under the word "duties" in section 4. 03?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Delegate Mar-
ion, it seems to me that the performance
of the duties is really the exercise of one
of the delegated powers. I really cannot
see the distinction between the two.

THE CHAIRMAN: For what purpose
does Delegate Storm rise?

DELEGATE STORM: To speak on the
amendment.

THE CHAIRMAN: In favor or against?

DELEGATE STORM: In favor.

THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment?

The Chair recognizes Delegate Storm.

DELEGATE STORM: Mr. Chairman, it
seems to me that this is an important
amendment. I had always interpreted the
power to veto as not a duty. I did not
think the governor had the duty to veto
but the power to do it, and when this
matter was brought up in conversation
with the Chairman, I was surprised that
veto was one of the authorities which was
meant under duties, under the word "duty"
in 4. 03. Therefore, I thought this amend-
ment was much more restrictive than the
one that I offered yesterday. I think this
is important, because Delegate Chabot uses
the word, "authority", to show that what-
ever the Chairman meant, whether it was
the duty or the power, the authority to
veto should not be delegated, and I think
this is important, because otherwise I
believe it is mainly duties and not powers
that should be delegated.

THE CHAIRMAN: Does any Delegate
desire to speak in opposition?

Delegate Sickles.

DELEGATE SICKLES: Mr. Chairman,
I would like to ask a question. I do not
know when I come in.

THE CHAIRMAN: To whom is your
question addressed?

DELEGATE SICKLES: I would like to
address it to the sponsor, Delegate Chabot.

THE CHAIRMAN: First, does anyone
desire to speak in opposition?

Delegate Dukes.

DELEGATE DUKES: Just a question
of Delegate Morgan.

THE CHAIRMAN: Delegate Sickles will
be permitted to ask his question first.

Delegate Chabot, do you yield to a ques-
tion?

DELEGATE CHABOT: Yes, sir.
THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: I think it is
perfectly clear when you look at the memo-
randum in support of the recommendation
of the Committee that the interpretation of
the Chairman is accurate, because we say
here, on page 4, and I will read it to you,
line 29: "Hence, for example, the governor
could, if he chooses, delegate to the lieu-
tenant governor power to veto bills, to call
out the militia, or to fire department
heads. "

It seems what you have done in your
amendment is pick out one specific item



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1451   View pdf image (33K)
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