Read the following excerpt from a US court opinion:
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they differ, the Constitution must be taken as a limitation or qualification of the general principle previously declared, according to the subject and the language employed.’ Id. at 459 (citation omitted in original). In Anderson v. Baker, 23 Md. 531 (1865), the Court considered a provision of the Maryland Constitution of 1864 which was also identical to Art. II, § 10 of our present Constitution. In holding that the legislature could constitutionally provide for appointment to an office created by it, notwithstanding the separation of powers provision of the Declaration of Rights, the Court said: ‘The Act in question, creating the office, does prescribe a different mode of appointment. Where the office is of legislative creation, the Legislature can modi 6, 270, 93 A. 518, 520 (1915) ; Ash v. McVey, 85 Md. 119, 129-31, 36 A. 440,
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What is the most suitable continuation to the opinion? Your options are:
A. holding a defendant is liable as a control person if the defendant had the power to control the general affairs of the entity primarily liable at the time the entity violated the securities laws but declining to decide whether power to control means simply abstract power to control or actual exercise of the power to control internal quotations omitted
B. holding that the legislature which created the state board of education has the power to abolish modify and control it and therefore had the power to do away with the prerequisite that the senate affirm the governors appointments of all commissioners serving on the board
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. recognizing that the state courts have the power to abolish the tort of alienation of affections
E. 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
Reply with [A, B, C, D, E] only.