Does the concurrence provision in the Federal Constitution violate the federal constitution?

California, United States of America


The following excerpt is from Stand Up for Cal.! v. State, 211 Cal.Rptr.3d 490, 6 Cal.App.5th 686 (Cal. App. 2016):

In sum, Lac Courte Oreilles held only that the concurrence provision does not violate the federal Constitution because it does not force governors to usurp state legislative authority by making state public policy. It did not consider the question of whether any governor has inherent executive authority to exercise the concurrence power under any state's law. "Language used in any opinion is of course to be understood in the light of the facts and the issue then before the court, and an opinion is not authority for a proposition not therein considered." (Ginns v. Savage (1964) 61 Cal.2d 520, 524, fn. 2, 39 Cal.Rptr. 377, 393 P.2d 689.)

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