laws to any other authority."9 For ex-
ample, under this fundamental doctrine
of separation of powers, it has been held
that the legislature cannot by statute
delegate to the governor the power by
executive order to place certain state jobs
under the Merit System.10 Likewise, it
would appear that the legislature could
not constitutionally delegate to the gov-
ernor, or some other state official, power
to negotiate and enter into an interstate
compact that is to have the force of law.
This limitation on the power to dele-
gate its functions is probably not too
significant if the legislature feels that
interstate compacts will continue to be
used to deal with narrow issues involving
few states. In this context it should not
be difficult to go back to the legislatures
and get explicit approval even after a
compact has been negotiated. If, on the
other hand, the legislature feels that in
the future it might be desirable to dele-
gate broad regulatory powers to a "super
legislature," comprised of the represen-
tatives of several states, the limitation is
significant.
9 Pressman v. Barnes, 209 Md. 544, 552
(1956) ; see also md. const. Dec. of Rights,
art. 8.
10 Ahlgren v. Cromwell, 179 Md. 243, 246-7
(1940).
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For example, suppose the Maryland
legislature were to decide that it would
be desirable to enter into a compact with
New York, New Jersey, Delaware, Penn-
sylvania, Washington, D.C., and Virginia
whereby a board would be established
to promulgate and enforce uniform driver
licensing standards, motor vehicle laws,
air pollution controls, and highway con-
struction standards, and to establish a
centralized highway patrol. It would be
extremely cumbersome and time consum-
ing if every change in speed limit or raise
in policemen's salary were to require an
explicit ratification by the governing
bodies of the seven states.
The following constitutional provision
is designed to permit the more efficient
functioning by such a "super legislature" :
Section . Delegation of Authority
by the Legislature.
The legislature may by law delegate
to the governor or any other state
official authority to enter into inter-
state compacts subject to such limita-
tions as the legislature may prescribe.
When entered into by such an author-
ized representative, a compact shall
become effective and may have the
force of law without subsequent legis-
lative approval.
155
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