BLAIR LEE III, Acting Governor

3143

REGULATION, OR STANDARD, AND STATING THE DATE
UPON WHICH IT SHALL BECOME EFFECTIVE.

(2) IF THE DEPARTMENT, BOARD, COMMISSION,
OR OTHER AGENCY OF THE EXECUTIVE BRANCH INVOLVED
SO REQUESTS IN WRITING, THE COMMITTEE SHALL CAUSE
SUCH A JOINT RESOLUTION TO BE PREPARED AND
SUBMITTED (BY REQUEST) INTO EACH HOUSE OF THE
GENERAL ASSEMBLY. THE JOINT RESOLUTION SHALL
CONTAIN A COPY OF THE RULE, REGULATION, OR
STANDARD OR PORTION THEREOF AND THE SUBSTANTIVE
TEXT OF THE NOTICE PROVIDED PURSUANT TO
SUBSECTION (H)."20

III.

CONSTITUTIONAL ISSUES

House Bill 619 presents several significant questions
of State constitutional law, viz., does the legislative veto
mechanism which it creates:

(1)   Contravene the bicameralism mandated by Article
III, Sec- 1, of the Constitution by delegating the
authority to legislate to a committee?

(2)   Violate the separation of powers mandated by
Article 8 of the Declaration of Rights by:

(a)    authorizing a legislative committee to
exercise or fatally encroach upon an executive
function?

(b)    authorizing a legislative committee to
exercise or fatally encroach upon a judicial
function?

(3)    Violate the presentments clauses of Article II,
Sec. 17 Article III, Sec- 30, by authorizing lawmaking
in a fashion which is not subject to the gubernatorial
veto power?

In addressing these questions in the context of a
statute which permitted a one—house veto of a presidentially
proposed, judicial salary increase, a majority of the Court
of Claims initially considered four factors, all of which
are directly applicable here.

"First of all, the pay of ... judges and justices
... is, historically and intrinsically, at the
heart of Congress's own competence and concern.
*** Secondly, ... the fixing of pay scales ...
may properly be delegated to the President.