COMPARISON OF CONSTITUTIONS

	PROPOSED CONSTITUTION OF 1968	CONSTITUTION OF 1867
		sidered an office of profit within the mean-
		ing of this Article.
	Section 9.04. Impeachment.	Art. III, sec. 26. The House of Delegates
	The House of Delegates shall have the sole	shall have the sole power of impeachment
	power of impeachment of elected state	in all cases; but a majority of all the
	officers, judges, and any other state officers	members elected must concur in the im-
	who may be designated by the General As-	peachment. All impeachments shall be tried
	sembly by law, in cases of serious crimes or	by the Senate, and when sitting for that
	serious misconduct in office. The affirmative	purpose, the Senators shall be on oath, or
	vote of three-fifths of all the members of the	affirmation, to do justice according to the
	House of Delegates shall be required to im-	Law and evidence; but no person shall be
	peach. Impeachments shall be tried by a	convicted without the concurrence of two-
	special tribunal of ten judges appointed by	thirds of all the Senators elected.
	the Court of Appeals from among the judges of the State. The concurrence of three-fifths	Art. IV, sec. 4. Any judge shall be re-
	of the judges of the special tribunal shall be required to convict. Judgment upon convic- tion shall be removal from office and may in-	moved from office by the Governor, on conviction in a Court of Law, of incom- petency, of wilful neglect of duty, misbe-
	clude disqualification from holding any office of public trust, and deprivation of pension rights and other privileges of office. A person tried upon impeachment, whether or not convicted, nevertheless may be subject to criminal prosecution and punishment accord- ing to law.	havior in office, or any other crime, or on impeachment, according to this Constitution, or the Laws of the State; or on the address of the General Assembly, two-thirds of each House concurring in such address, and the accused having been notified of the charges against him, and having had opportunity of
		making his defence.
	Section 9.05. Militia.	Declaration of Rights, Art. 28. That a
	The General Assembly may provide by law	well regulated Militia is the proper and
	for a militia. The governor shall be its	natural defence of a free Government.
	commander in chief and shall appoint its of-
	ficers. The governor may order the militia into active service to repel invasions, to sup-	Art. 29. That standing Armies are dan- gerous to liberty, and ought not to be raised,
	press insurrections, to enforce the execution	or kept up, without the consent of the
	of the laws, and to provide assistance when	Legislature.
	great destruction of life or property may be threatened or may have occurred. The mili- tary authority of the State shall be and remain subject to civil control in the person	Art. 30. That in all cases, and at all tunes, the military ought to be under strict sub- ordination to, and control of, the civil
	of the governor at all times. Only a member	power.
	of the militia may be subject to a military	Art. 31. That no soldier shall, in time
	trial and then only for offenses committed	of peace, be quartered in any house, with-
	while in actual service.	out the consent of the owner, nor in time
		of war, except in the manner prescribed
		by Law.
		Art. 32. That no person except regular
		soldiers, marines, and mariners in the serv-
		ice of this State, or militia, when in actual
		service, ought, in any case, to be subject
		to, or punishable by Martial Law.
		Art. II, sec. 8. The Governor shall be
		the Commander-in-Chief of the land and
		naval forces of the State; and may call out
		the Militia to repel invasions, suppress in-
		surrections, and enforce the execution of
		the Laws; but shall not take the command

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