Communication From the Attorney-General
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j' To the. Hon. President of the Senate : In answer to the resolution of the Senate of Fob". 2oth, 1853, viz : " To Tvhat extent, under the Constitution, the Senate and Assembly may legislate by Joint Resolution, and whether in his opinion a Joint Resolution requires the approval of the Governor." I submit the extract, hereto attached, from an opinion of the Hon. Delos Lake on this subject, which is so obviously correct that I do not hesitate to , endorse it and adopt it as my opinion.
" The Co...nstitution contemplates that the Legislature shall pass laws only by ' bill,' and that the enacting clause of every law shall be ' The People, &c., do enact as follows,' (Constitution of California, Art. 4, Sees. 1, 16, ;17.) It is onli/ ' laws' of this kind, enacted by ' bill,' which require the approval of the Governor — (Constitution, Art. 4, Sec. 17.) " But a ' Joint ^^esolution' is not a law, nor can it, under the Constitu- tion, have the force of a law. It may be a legal act ; but if so, only because its scope is that appropriate to a Joint Resolution as distinguished from a ' law.' A Joint Kesolution is legal and effective only -when it embraces matters which are exclusively whithin the province of the two houses, with- out any interference from the Executive.
What to read after Communication From the Attorney-General?
You can find similar books in the "Read Also" column, or choose other free books by California Office of the Attorney General to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
j' To the. Hon. President of the Senate : In answer to the resolution of the Senate of Fob". 2oth, 1853, viz : " To Tvhat extent, under the Constitution, the Senate and Assembly may legislate by Joint Resolution, and whether in his opinion a Joint Resolution requires the approval of the Governor." I submit the extract, hereto attached, from an opinion of the Hon. Delos Lake on this subject, which is so obviously correct that I do not hesitate to , endorse it and adopt it as my opinion.
" The Co...nstitution contemplates that the Legislature shall pass laws only by ' bill,' and that the enacting clause of every law shall be ' The People, &c., do enact as follows,' (Constitution of California, Art. 4, Sees. 1, 16, ;17.) It is onli/ ' laws' of this kind, enacted by ' bill,' which require the approval of the Governor — (Constitution, Art. 4, Sec. 17.) " But a ' Joint ^^esolution' is not a law, nor can it, under the Constitu- tion, have the force of a law. It may be a legal act ; but if so, only because its scope is that appropriate to a Joint Resolution as distinguished from a ' law.' A Joint Kesolution is legal and effective only -when it embraces matters which are exclusively whithin the province of the two houses, with- out any interference from the Executive.
What to read after Communication From the Attorney-General?
You can find similar books in the "Read Also" column, or choose other free books by California Office of the Attorney General to read onlineMoreLess
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