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Kenneth D. Schisler, et al. v. State of Maryland No. 140, September Term, 2005 Headnote: The provisions of Senate Bill 1, Section 12, changing the method of appointment
of prospective members of the Public Service Commission, if any vacancy exists on the Commission, would not violate Maryland's separation of powers doctrine in that the Maryland Constitution permits "modes" of appointment other than by the Governor, and the Court found no express Constitutional limitation that would restrict the Senate's prenomination participation. Sections 12 and parts of Section 22 of Senate Bill 1, as enacted by the General Ass emb ly, however, attempt to terminate, i.e., "remove," the incumbent members of the Commission. Such an attempt is an unconstitutional usurpation by the Legislature of an executive power. Section 12 is null and void as being an unconstitutional usurpation of the removal power granted to the Governor under the provisions of Article II,

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Maryland Law