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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10827   View pdf image (33K)
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10,827

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clearly understood by the delegates.

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The first point is that this provision and this

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recommendation poses absolutely no threat to administrative

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agencies or administrative law. These agencies have been

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delegated legislative, executive and judicial power.

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They have proliferated over the past 40 to 50 years

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all the time while this provision has been in the

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constitution -- that is point number one.

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Point number two, the necessity for keeping

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this provision in the constitution has not been eliminated

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because we simply provide in this constitution that the

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executive power shall be vested in the governor, the judicial

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power shall be vested in the courts, and the legislative

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power shall be vested in the General Assembly.

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That power has been vested in those groups under

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prior constitutions, and we have had, at the same time,

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this provision continuing in our constitution back to 1776.

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This Committee proposal is absolutely necessary

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if you want to prevent one thing, and one thing only, and

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that is a delegation of legislative power to another branch

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of the government -- not to an administrative agency.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10827   View pdf image (33K)
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