setts the governor, and in New York the Council of Revision
composed of the governor and the chancellor and judges of the Supreme
Court, had a qualified veto power. But a two-thirds majority in both
houses of the legislature could override the veto of the governor in
Massachusetts, or that of the Council of Revision in New York. The
pardoning power of the governor was quite generally restricted. In five
states he was allowed to exercise it only with the advice or consent of
the council.[6] In three states, where the advice or consent of a
council was not required, he could, subject to certain restrictions,
grant pardons except where "the law shall otherwise direct."[7] The
constitution of Georgia in express terms deprived the governor of all
right to exercise this power.
The appointing power of the governor was also taken away or restricted.
In four of the eleven states adopting new constitutions during this
period he was allowed to exercise it jointly with the council.[8] In six
states it was given to the legislature, or to the legislature and
council.[9] The power of the governor to dissolve the legislature or
either branch of it was everywhere abolished.
The supremacy of the legislature under these early state constitutions
is seen also in the manner of appointment, the tenure and the powers of
the judiciary. In nine states[10] the judges were elected by the state
legislature, either with or without the consent of a council. In
Maryland, Massachusetts, New Hampshire, and Pennsylvania they were
appointed by the governor with the consent of the council. But this
really amounted to indirect legislative appointment in Maryland, since
both the governor and council in that state were elected annually by the
legislature. The legislature also had a voice in the appointment of
judges in Pennsylvania, New Hampshire and Massachusetts, since it
elected the executive in the first and the council in the others. In
nine states, then, the judges were elected directly by the legislature;
in one indirectly by the legislature; in the other three the legislature
participated in their election through an executive or a council of its
own choosing.
In every state the judges could be impeached by the lower branch of the
legislature and expelled from office on conviction by the senate or
other tribunal, as the constitution prescribed. Moreover, in six
states[11] they could be removed according to the English custom by the
executive on
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