concurring.
I concur with the Majority Opinion, but choose to write separately to express nay opinion concerning the Governor’s discretion in not calling an Extraordinary Session of the General Assembly. In my opinion, the authority given to the Governor by Section 80 of the Kentucky Constitution permits the exercise of a political power and a discretionary power that is not subject to judicial review.
The movants argue that “in these unique circumstances, the calling of a special session is converted from a discretionary act that lies wholly within the Governor’s political discretion, to a mandatory constitutional duty, which the courts can and should enforce.” But, in Traynor v. Beck-ham.,,6 the former Court of Appeals stated that “[a]ll courts agree that a mandamus will not lie against a Governor to compel the exercise of governmental, political, or discretionary , powers.” Further, in Page, Second Auditor v. Hardin,'7 the Court stated that “[w]here, by the Constitution or the law, the Governor has a discretionary power, or where on any ground, his act is made conclusive as to all rights involved, it is of course not within the province of a Court to inquire into the propriety or impropriety of the act.” The Court noted that “when the supreme executive is vested with a discretion, his decision is final. The question whether the discretion is conferred and exists, is a judicial question.” Clearly, Section 80 provides that the Governor “may,8 on extraordinary occasions, convene the General Assembly at the seat of government.]” The people’s granting the Governor discretion in performing this act could not be stated more clearly. Thus, the movants’ argument that the General Assembly’s failure to enact a budget eliminated the Governor’s discretion in not calling an Extraordinary Session is without merit.
. 116 Ky. 13, 22, 74 S.W. 1105, 1107 (1903).
. 47 Ky. 648, 656 (1848). See also 52 Am. Jur.2d Mandamus § 108 (2004) (noting that where "duties necessarily involv[e] the exercise of official judgment and discretion, the doctrine is uncontroverted that mandamus will not lie to control or compel his action”).
." 'May' is permissive[.]” Kentucky Revised Statutes 446.010(20).