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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10836   View pdf image (33K)
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10,836

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provision, and I think I spoke then and pointed out at that

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time that 40 states have such a prpvision providing for

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the separation of the power.

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Secondly, I think some people misunderstand

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this provision. To start with, our court of appeals has

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repeatedly stated it does not apply to municipal corpor-

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ations. I read only this morning -- I can't think of the

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last name, Pressman v. somebody in Baltimore where they

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said it did not apply, and it was an old case, so it

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does not apply to municipal governments at all.

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The third point is that it does not say that the

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legislature can't combine all three of these powers,

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actually, in a body -- such as the workmen's compensation

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commission. There is no question about that.

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The legislature has the right to put the

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power wherever they want it, but the thing of it is, and

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the purpose of this separation of the powers is to

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prevent the judiciary from assuming powers that are

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delegated to the executive, to prevent the executive from

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assuming powers that are delegated to the legislature.

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In other words, it is purposely set up to

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10836   View pdf image (33K)
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