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evilweasel
Aug 24, 2002

I would love Perry to be guilty, but this case is such an embarrassment that whoever brought it should be out of a job. This is not a crime, however sleazy. A governor is entirely within their rights to make a veto threat in these circumstances and if there's an abuse of power here its the prosecutor.

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evilweasel
Aug 24, 2002

Mo_Steel posted:

Some useful background on subsection (c) of the Coercion section of Texas law can be found here; it's an analysis of the bill that added the subsection by the House Research Organization, and gives a bit more information on what it's about.

The wording of the subsection seems pretty broadly applicable so maybe there's jurisprudence I haven't seen yet that would limit it. If the roles were reversed could the DA threaten Perry and tell him to resign or she'll investigate him? Can the governor tell any state / county / city employee to resign or he'll veto funding for their department?

I would argue it's an abuse of power for a DA to threaten an investigation if they don't get something, because an investigation probably has legal restrictions on what level of actual suspicion you need. A veto, however, is granted to the governor to use in their discretion by the state Constitution and they're the final arbiter of what they will and will not veto. It's not an abuse of power to horse-trade over vetoes, and that's part of the point: a governor (or President) says "if you pass this as is, I will veto it" then you negotiate over what he will or will not veto.

If you don't like a governor's vetoes your only recourse is the ballot box.

evilweasel
Aug 24, 2002

ReidRansom posted:

From the article linked in that blog


Isn't that really the whole point of the Texas constitution though? Placing heavy, even excessive limits on gubernatorial power? I'm not a scholar on such things, but I definitely recall that being rather a key point.

That may be the point of the Texas Constitution, but you can only do that through the Constitution. You can't take away one of the megre powers the Texas Constitution grants the governor through litigation.

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