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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1463   View pdf image (33K)
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[Nov. 80] DEBATES 1463

particular provision which really worries

I recognize in this attempt to make the
legislature do the job within two years
that it was thought that a very strong
penalty or a very strong device had to be
used in order to assure that this was done,
but I think perhaps we go too far when
under some circumstances which could pos-
sibly occur we permit the governor to or-
ganize a State without any restraint what-

I think the power of reorganization in
the hands of the legislature is a very im-
portant thing, but I think it is a very
strong power. I think, unchecked, we are
really violating some very basic principles
and I would rather not take that chance
and, therefore, I think to have both the
governor and legislature start out immedi-
ately to develop their programs and each
able to check on the other is very im-
portant and, therefore, I support it.

THE CHAIRMAN: Delegate Boyce.

DELEGATE BOYCE: As I understand
what we are trying to do it is to let the
governor submit to the legislature and get
their approval, or if they do not react on
his reorganization plans or only those with
regard to the executive department in 50
days they would have a legislative check.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: It is my under-
standing, and I want to be correct, if this
amendment is adopted, the governor would
have the legislature check on him and the
legislature as a result of the governor's
veto would have its traditional check, but
my concern is that the language as pro-
posed does have under some circumstances
that he might during the third year be able
to reorganize the entire executive branch
without the power of veto by the legisla-

THE CHAIRMAN: Delegate Morgan
said there would be no question about this.
I wonder if you could clarify it and tell
us what the effect of section 4.18 would be
without the temporary unnumbered section
with respect to the power of the governor
and the power of the legislature as to re-
organization beginning immediately.

temporary provision in section 4.18 and
4.19, the power of the governor and the
power of the legislature would be coex-
tensive. The General Assembly could re-
organize by statute and the governor could
reorganize by executive order, which would

have to be submitted to the General As-
sembly within the first ten days of the
session, left before the General Assembly
for 50 days and not be disapproved by the
majority of the membership of either

THE CHAIRMAN: So that it will be
abundantly clear, if this were adopted
without the temporary provision, the legis-
lature without awaiting the governor's
action at all could enact a statute re-
organizing the executive branch.

Delegate Morgan.
DELEGATE MORGAN: That is correct.

THE CHAIRMAN: And at the same
time, without waiting for action by the
legislature, the governor could by proclama-
tion reorganize the executive branch, but
that would be subject to veto by the legis-
lature within 50 days if submitted at the
time prescribed in section 4.19.

man, by statute order.

THE CHAIRMAN: Delegate Maurer.

DELEGATE MAURER: May I raise the
question for further clarification because
we have used the words proclamation and
executive order; in line 36 of section 4.18
the second and third words are "by law"
describing how the functions, powers and
duties of the executive administrative of-
fices are allocated. Am I correct in under-
standing that the phrase "by law" there
includes both the usual legislative process
and this reverse legislative process by
which the governor through executive
order makes changes which have the force
of law?

THE CHAIRMAN : I would take it that
that is not correct; that "by law" would
mean an act of the General Assembly
either signed by the governor or passed
over the governor's veto.

Is that the Committee's understanding,
Delegate Morgan?

DELEGATE MORGAN: No, it is not,
Mr. Chairman.

THE CHAIRMAN: State the under-

DELEGATE MORGAN: On line 39 on
page 7, speaking about executive orders,
"they shall become effective and have the
force of law on the date designated in the
executive order."

It certainly was intended by the Com-
mittee that this initial organization, such


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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1463   View pdf image (33K)
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