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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 126   View pdf image (33K)
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LEGISLATIVE BRANCH

 
 

vestigation and these fall into three
different types:
I. Those granting power to inves-
tigate.
II. Those granting the power and
setting a limit thereon.
III. Those which set a limit only.
I. Those granting power to investiga-
tion.
A. general:
Ala. art. IV, § 53; Ark. art. V,
§12; Colo. art. V, § 12; Pa. art.
II, § 11; e.g., ". . . and the two
houses shall have all the powers
necessary for. the legislation of a
free state." Ala. art. IV, § 53.
B. specific:
Ky. art. 39; Md. art. III, § 24;
Miss. art. IV, § 60; Ohio art. II,
§ 8; e.g.., ". . . may empower legis-
lative committees to ... send for
persons and papers, and generally
make legislative investigations
effective." Miss. art. IV, § 60.
II. Those granting the power and set-
ting a limit thereon:
"Either house shall have power
to compel attendance of witness
upon any investigations held by
itself, or by any of its committees :
the manner of the exercise of such
power shall be provided by law."
Fla. art. III, § 10.
III. Those which set a limit only:
A. "No person shall be deprived of
life, liberty, or property, without
126

due process of law. The right of
all persons to fair and just treat-
ment in the course of legislative
and executive investigations shall
not be infringed." Alaska art. I,
§ 7.
B. "Every person has the right to
the protection of law against
abusive attacks on his honor,
reputation and private or family
life." P.R. art. III, § 8.
MODEL STATE CONSTITUTION

The Model State Constitution con-
tains the following provision in Article
IV, Section 4.09 on the legislative
branch :
". . . and it shall have power to
compel the attendance and testimony
of witnesses and the production of
books and papers either before such
house of the legislature as a whole or
before any committee thereof. . . ."6
In the commentary on this proposed
provision, it is stated that :
"Legislative investigations (which
need not be specifically authorized,
being implicit in the power to legis-
late) are aided by the express enumer-
ation of the powers to compel the
attendance and testimony of wit-
nesses and the production of docu-
ments before the legislature as a whole
or before any of its committees. . . ."7
6
national municipal league, model
state constitution 7 (6th ed. 1963).
7 Id. at 53.

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 126   View pdf image (33K)
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