Morgan Asserts Constitutional Authority; Reaffirms Control of State Senate, Separation of Powers

Citing his constitutional authority Monday, Senate President Pro Tempore Mike Morgan presided over the Oklahoma State Senate while standing beside his desk on the Senate floor, reaffirming his control over the day-to-day business of the legislative body after Lt. Governor Mary Fallin’s second failed attempted to hijack it.

“What happened today on the Senate floor was a victory for the Oklahoma Constitution and the doctrine of separation of powers,” Morgan said. “The Constitution clearly intended Oklahoma to have three distinct and separate branches of government. Today, the Legislative branch asserted its Constitutional authority to conduct its own business without interference from the Executive branch.

“Let me clear about this. My stance would be the same regardless of the party of the lieutenant governor.”
During Monday’s short session, in which the Senate simply convened and adjourned, Fallin sat behind the podium at the front of the Chamber.

Shortly after session, Morgan cited four specific passages in the Constitution and said research done five years ago and again in recent days has convinced him that he not only has the authority to preside over the Senate but a duty to do so, as well.

“The scene in the chamber was a bit unseemly, but had I not fulfilled my responsibilities under the Constitution our state could have been plunged into a full-blown Constitutional crisis. I felt I had no choice today but to stand up for the Oklahoma Constitution.”

Article 5, Section 28, of the Oklahoma Constitution says: “The Senate shall… elect one of its members President pro tempore, who shall preside over its deliberations in the absence or place of the Lieutenant Governor.” Morgan was elected President pro tempore on March 23.

Morgan said his decision to preside from the floor, is based on advice from attorneys that the phrase “or place of” gives him the authority to rule over the Senate instead of the lieutenant governor and not just in her absence.

Further in Article 6, Section 15, the Constitution clearly defines the role of the Lieutenant Governor when it says: “The Lieutenant Governor … shall be president of the Senate, but shall have only a casting vote therein …”

Thirdly, the Constitution also clearly states in Article 4, Section 1, that “the Legislative, Executive and Judicial departments of government shall be separate and distinct and neither shall exercise powers properly belonging to either of the others.” The Lieutenant Governor is clearly listed in Article 6, Section 1 as an officer of the Executive department.

Finally, the Constitution, in Article 5, Section 30, says: “Each House may determine the rules of its proceedings …” Senate Rules clearly state that the President Pro Tempore is both the chief executive and presiding officer of the Senate.

“It’s clear to me that the Constitution, in whole, intends for the President Pro Tempore to be the presiding officer of the Senate. And you can’t pick and choose sections or single phrases within a section and ignore others when considering an issue of this importance,” Morgan said.

The President Pro Tempore said it’s time for Lt. Governor Fallin to end her latest political stunt and allow the Senate to conduct its business in the manner prescribed by the Constitution and Senate rules, the Senate leader said.

“The Senate is continuing its work. Our Appropriations sub-committee chairs are working on the details of agency budgets and we’re busy assigning conferees to dozens of pieces of legislation. We have four weeks left in the session and we’ve got work to do,” Morgan said.