711 S.E.2d 886
S.C.2011Background
- McConnell filed an original-jurisdiction petition to declare an executive order unconstitutional and to enjoin its effects.
- The South Carolina General Assembly adopted a sine die extension scheduling reconvening June 14–July 1, 2011.
- On June 2, 2011, Haley issued an executive order calling an extra session for June 7, 2011.
- Constitutional provisions separate legislative, executive, and judicial powers, and grant the Governor authority to convene an extraordinary session.
- The issue is whether the Governor could convene an extra session while the General Assembly was still in its annual session and whether this violated the separation of powers.
- The majority granted the petition, permanently enjoining the executive order; a dissent argued the Governor has discretion to convene extra sessions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can Governor convene an extra session while the General Assembly is in annual session? | McConnell contends the Governor overstepped by issuing an extra-session order. | Haley argues the Governor may convene extra sessions on extraordinary occasions. | Yes; Governor cannot convene extra session during annual session; order enjoined. |
| Does the Governor's authority to convene extra sessions depend on the sine die resolution specifics? | Resolution does not authorize extra sessions beyond emergencies. | Governor may call extras on extraordinary occasions regardless of resolution specifics. | No; discretion limited when legislature not adjourned sine die; order stayed. |
Key Cases Cited
- Segars-Andrews v. Judicial Merit Selection Comm'n, 387 S.C. 109 (2010) (limits on constitutional construction; separation of powers context)
- Farrelly v. Cole, 60 Kan. 356 (1899) (governor's discretion to call extra sessions not reviewable by courts; timing matters)