Scope of Governor\u27s Call as Constitutional Limitation on Business of Special Session of the Legislature

Abstract

The years since World War II have been characterized by a mounting pressure on state legislatures to produce solutions to difficult problems on a moment\u27s notice. One manifestation of this increased pressure has been a rise in the frequency of legislative special sessions called by the governor. The fact that states have been forced to turn to this device with some regularity in recent years makes appropriate the consideration of a state constitutional problem peculiar to the operation of a special session: the permissible scope of legislative business at special sessions. I. Introduction II. “Tests” of Validity under the Call III. The Majority View IV. The Minority View V. A Current Nebraska Problem VI. Should Legislatures Be Limited at All during Special Sessions—A Look at the “Pros” and “Cons” … A. The Nature of the “Notice” Function of the Call … B. Practical Advantages of Limiting the Legislature to the Scope of the Call Conclusio

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