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To: Abathar

He can’t veto it.

“Pursuant to 35 Pa.C.S. 7301(c), upon the passage by the House and Senate of a concurrent resolution terminating a disaster declaration, “the Governor SHALL (emphasis added) issue an executive order or proclamation ending the state of disaster emergency.”

Nothing in the statute requires the resolution to go to the Governor for signature/veto. A concurrent resolution ending a disaster declaration is not an exercise of the legislature’s lawmaking authority that the Gov can sign/veto. The Governor is statutorily required to issue an order terminating the declaration in compliance with section 7301 if the House passes the resolution as adopted by the Senate. He has no discretion in this matter.


4 posted on 06/10/2020 10:20:10 AM PDT by JenB987
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To: JenB987

Nice!


6 posted on 06/10/2020 10:21:47 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: JenB987

Sweet! Thank you for telling us that, I wonder if Michigan can do the exact same thing now.


14 posted on 06/10/2020 10:37:53 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: JenB987; Abathar
Nothing in the statute requires the resolution to go to the Governor for signature/veto. A concurrent resolution ending a disaster declaration is not an exercise of the legislature’s lawmaking authority that the Gov can sign/veto.

Would you not expect Wolf to veto the resolution anyway and challenge the constitutionality of the statute?

The only similar legislative power that I know of is congress’s war making authority which does not require the president’s signature.

Not that I am an expert on state constitutions by any stretch.

Just saying that it is an odd statute. But I think it is a good check on executive power in the case that a despotic governor might invoke martial law and keep the emergency in effect for no good reason.

Just happens to be the case at this particular time.

15 posted on 06/10/2020 10:39:21 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit)
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