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Constitutional – Separation of Powers – Executive & Legislative – ‘Extra’ Session – Sine Die Order (access required)

McConnell v. Haley Even though the governor has unassailable discretion to call an "extra" session of the General Assembly, the General Assembly is only in recess, has not adjourned sine die, and is therefore still in its annual session. Under these facts, to allow the governor to convene an "extra" session of the General Assembly would violate the General Assembly's authority to set its own calendar and agenda and would constitute a violation of the separation of powers provision, S.C. Const. art. III, § 9.

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