A Brief History of the Constitution And Government of Massachusetts

Cover A Brief History of the Constitution And Government of Massachusetts
A Brief History of the Constitution And Government of Massachusetts
Frothingham, Louis Adams, 1871-1928
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7 Ibid,, 214 Mass,, 599.
Digitized by Google THE GOVERNOR 85 The Power of Pardon The Governor has the power of pardoning offenses by and with the advice of the Council. The Governor alone cannot pardon, nor can the Coimcil. Favorable action by both is requisite and the initiative must come from the Governor as the Coimcil can only get jurisdiction over a petition for pardon if sent to it by him.^ The powers of the two are well e:q)ressed by the Court in an important decision.^ " As to this clas
...s of cases, where the Constitution declares that the power to act is in the Governor, or that the act may be done by the Governor, ' by and with the advice of coimcil,' or ' by and with the advice and consent of the council,' we are of opinion that the responsibility rests primarily upon the Governor to determine, as the supreme executive magis- trate, whether any action is called for, and what action, if any, is desirable; and that the provision for advice of the Coimcil is a requirement that their approval and concur- rence shall accompany the affirmative act and enter into it before it becomes complete and effective.

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