Comments on: Treasurer Fight Showcases S.C. Executive-Legislative War http://www.fitsnews.com/2007/08/01/treasurer-fight-showcases-sc-executive-legislative-war/ Politics, Sports and Pop Culture Wed, 15 Feb 2012 01:21:44 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Laurin Manning http://www.fitsnews.com/2007/08/01/treasurer-fight-showcases-sc-executive-legislative-war/#comment-2379 Laurin Manning Wed, 01 Aug 2007 23:08:25 +0000 http://69.89.31.161/~fitsnews/?p=1550#comment-2379 There's a debate as to whether the Budget & Control Board is, by design, a constitutional entity. There's a strong argument to be made that it's a violation of separation of powers. The South Carolina Supreme Court addressed this question in the case McLeod v. Edwards and found that the B & C Board's design didn't violate the doctrine of separation of powers, but (if I remember correctly) one of the biggest factors in the Court's deeming it constitutional was that the majority of the Board is popularly elected statewide. Now that the legislature is responsible for choosing Ravenel's replacement, the majority of the membership of the B & C Board will no longer have been popularly elected statewide. Rather, the majority will be comprised of members of the legislature and an individual of the legislature's choosing. I'm wondering if there will be a constitutional challenge and who would mount such a challenge. There’s a debate as to whether the Budget & Control Board is, by design, a constitutional entity. There’s a strong argument to be made that it’s a violation of separation of powers. The South Carolina Supreme Court addressed this question in the case McLeod v. Edwards and found that the B & C Board’s design didn’t violate the doctrine of separation of powers, but (if I remember correctly) one of the biggest factors in the Court’s deeming it constitutional was that the majority of the Board is popularly elected statewide. Now that the legislature is responsible for choosing Ravenel’s replacement, the majority of the membership of the B & C Board will no longer have been popularly elected statewide. Rather, the majority will be comprised of members of the legislature and an individual of the legislature’s choosing.

I’m wondering if there will be a constitutional challenge and who would mount such a challenge.

]]> By: Reefer http://www.fitsnews.com/2007/08/01/treasurer-fight-showcases-sc-executive-legislative-war/#comment-2378 Reefer Wed, 01 Aug 2007 14:11:16 +0000 http://69.89.31.161/~fitsnews/?p=1550#comment-2378 Dude - that's a lot of words. Why can't we all just get along? Dude – that’s a lot of words. Why can’t we all just get along?

]]> By: schotline http://www.fitsnews.com/2007/08/01/treasurer-fight-showcases-sc-executive-legislative-war/#comment-2377 schotline Wed, 01 Aug 2007 14:00:21 +0000 http://69.89.31.161/~fitsnews/?p=1550#comment-2377 http://schotlinepress.wordpress.com/2007/07/31/869/ http://schotlinepress.wordpress.com/2007/07/31/869/

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