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STATE, EX REL. OBERLY v. TROISE

526 A.2d 898 (1987)

STATE of Delaware, on the Relation of Charles M. OBERLY, III, Attorney General of the State of Delaware, Plaintiff Below, Appellant, v. Edward J. TROISE, Sr., Francis A. DiMondi, and Robert S. Powell, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: June 4, 1987.

Attorney(s) appearing for the Case

Bruce M. Stargatt (argued), and C. Vincent Scheel, of Young, Conaway, Stargatt & Taylor, Wilmington, and Fred S. Silverman, State Sol., and Barbara MacDonald, Deputy Atty. Gen., Dept. of Justice, Wilmington, for plaintiff below appellant.

William E. Manning (argued), of Duane, Morris & Heckscher, Wilmington, for defendant below appellee DiMondi.

Richard D. Kirk, of Morris, James, Hitchens & Williams, Wilmington, for defendants below appellees Troise and Powell.

Before CHRISTIE, C.J., HORSEY, MOORE and WALSH, JJ., constituting the Court en banc.

CHRISTIE, Chief Justice:

Article III, § 9 of the Delaware constitution conditions the Governor's power to appoint certain public officials on "the consent of a majority of all the members elected to the Senate." This case presents the question whether the Senate's prolonged failure to act on gubernatorial nominations is to be deemed constructive consent thereto, thereby constitutionally authorizing the Governor to issue...

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