STATE, EX REL. OBERLY v. Troise

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 valid full-term commissions to his nominees. In a recent decision of this Court, State ex rel. Gebelein v. Killen, Del.Supr., 454 A.2d 737 (1982), this Court raised the…