10,832

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powers of government ought to be forever separate and

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distinct from each other. In 1851 additional language

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was added reading identically with what we have in the

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present constitution.

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There have been several Maryland cases over

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the years that have construed this particular prohibition,

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even though there were allocations of power to the three

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distinct branches of government.

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I think a particularly apt example of what this

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does do, and the reason why it is still needed, is an old

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Maryland case that goes back to 72 Maryland, where the

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legislature passed a statute requiring the courts to

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change the effect of certain decrees which had been

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final. This was voided under the provisions of the

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Declaration of Rights, Article 8.

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I do not feel if we eliminate this that such

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acts by the legislature of giving the courts non-

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jurisdiction powers or requiring the courts to act in a non

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judicial way would be prohibited.

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The Supreme Court of the United States as late

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as 1964 in an opinion by Justice Warren looked with favor