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of Baltimore City. If the legislature got on
bad terms with the governor, would it be
possible for the legislature to say that the
lieutenant governor, who might be more
friendly, will appoint the commissioner of
police of Baltimore? Is it possible under
what you are saying?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: No, it is not
possible because that is a constitutional
function of the government.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: I am not
sure that I have read that. I realize that
one says that the executive powers shall be
vested. Is that what you are involved with?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I do not know
about the commissioner of police in Balti-
more City. I assume he is not in the ex-
ecutive branch of the state government.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: I am go-
ing to ask a broad question and then I will
sit down. I was really under the impres-
sion that the article as written and as
loosely interpreted by me indicated a strong
executive as you had been saying. Is it not
possible that by giving the lieutenant gov-
ernor certain power and obligations and
possibly broadening his office as time goes
on that you are actually weakening the
governor by this article?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: No, I do not
believe we are because all of the executive
power of the State is vested in the gover-
nor and he has complete control of it. The
General Assembly cannot take it away from
him.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Mr.
President and Mr. Chairman, following up
the question proposed by Delegate Grant
what worries me are these things: if by
the inclusion of certain powers and duties
to be assigned by the governor, have we not
thereby eliminated any duties or powers
that can be prescribed by law by the legis-
lature?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I do not believe
so. This does not say that. It seems to me
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if you want to limit the power of the Gen-
eral Assembly, you have to say so pretty
plainly.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: Where
we have described what his duties are or
where his powers come from by stating
them specifically, I think some courts might
interpret that as excluding any legislative
right to assign other powers and duties to
him. We could well have a lieutenant gov-
ernor where the governor might want to
assign him to duties away from him in
Florida and have him go down on a vaca-
tion to get away from him. On the other
hand, the legislature might be able to con-
ceive of that man being able to perform
other functions.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: It seems to me
the lieutenant governor is exactly in the
same situation. There is nothing which pre-
vents the General Assembly from exercising
its plenary legislative powers unless there
is something in the constitution which
plainly says they can or cannot do it in
this or in that case.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: In that
case where the legislature prescribes other
duties or functions for the governor, we
have these express provisions in the con-
stitution which vest the governor with ex-
ecutive power and by implication, authorize
the legislature to come in and give him
others. Here, however, we do not vest the
lieutenant governor with any executive
powers except what might be prescribed
by the governor.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I do not think
that was the intention of the Committee
that the lieutenant governor could not be
vested with any power by the General As-
sembly.
THE CHAIRMAN: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: I am
sure that was not the intention of the Com-
mittee, but I am wondering if the wording
as proposed might give you the opposite
result.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
I do not believe so.
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