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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 13651   View pdf image (33K)
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13,651

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have concluded the business of amendment. We are on the

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stage of final voting and a division is called for by,

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let us say, a request that Section 3.05, any section,

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be divided from the remainder of the article. The test

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applied by the Chair and the test which you must apply

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in determining whether the division will or will not be

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allowed is simple.

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If in the situation which I have supposed,

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namely, when Article III is being voted on finally, a

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division is called for as to one section, say, Section

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3.03. The test applied by the Chair in determining whether

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the division is proper is this: If the question is

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divided, Section 3.03 would be voted on separately and

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then the entire remainder of Article 3.03 would be

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voted on. One must ask himself what would happen if

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either failed and if this situation, Section 3.03 were

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adopted and the entire remainder of the article were not

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adopted so that the entire Article III would then consist

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of Section 3.03, would it make sense?

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If it would not, then the division is not

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proper. On the other hand, if Section 3.03 failed of

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 13651   View pdf image (33K)
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