Read the following excerpt from a US court opinion:
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of government, in its various changes, has never recognized this power as an executive prerogative.’ 15 Md. at 456. The Court in Baltimore said that the Constitution ‘so far from treating ... the appointment power as an inherent executive power, indicates that it belongs where the people choose to place it.’ Id. at 457. Addressing the separation of powers question, the Court concluded: ‘In considering the question as to separation of the departments, we are to bear in mind that the Declaration of Rights is not to be construed by itself, according to its literal meaning; it and the Constitution compose our form of government, and they must be interpreted as one instrument.... The former announces principles on which the government, about to be established, will be based. 1-42 (1897) ; Warfield v. Com’rs of Baltimore County, 28
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What is the most suitable continuation to the opinion? Your options are:
A. holding that a states governor and attorney general were not proper defendants when they had no power to enforce the challenged statute
B. holding that legislation governing classification of employees in the governors office did not confer certain authority on the governor and lacking this power the governor could not change the legislative will through a set of regulations
C. holding that the governor had no power to make the appointment of officer of the school commissioner for cecil county without the consent of the senate when the office was not vacant because the legislature which had created and therefore controlled the office had not delegated that power to the governor
D. holding that the governor did not have to obtain the consent of the senate for the appointment of a candidate when the first candidate had been rejected by the senate the senate was not in session at the time that the second candidate was appointed and because the legislature which created and therefore controlled the office did not require by statute that the governor seek the senates approval in those circumstances
E. holding that the requirement that the county seek recommendations for appointments to a civil office from a private corporation was not constitutionally repugnant because where the office was created by the legislature the legislature retains the control over that offices method of appointment
Reply with [A, B, C, D, E] only.