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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 13662   View pdf image (33K)
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13,662

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And in 1.13 you will find two changes. The

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first of the changes is one involving the word; "prescribed"

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and "provide" and this is an explanation which I hope will

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be clear by the time I get through with it.

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In my enthusiasm the other day to follow the

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suggestions of Delegate Marvin Smith, we changed all the

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"provide? to "prescribed" and everything began to look

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good until we began to read some of these and until the

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Convention itself in handling the section on education and

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in handling also, as I remember it, the section on

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conflict of interest. So obviously you could not always

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use the word "prescribe" where "provide" had previously been.

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There are circumstances where one provides a general power,

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but someone else carries it out. Often the test is

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whether it ought to be followed by the words "provide

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for" or the words "provide that". The test is not one that

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is one hundred per cent clear in every instance, but

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it is clear enough that on some occasions the Committee

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on Style, Drafting, and Arrangement did revert to the word

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"provide" or we were fortunate in one or two instances the

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Convention missed a "provide" or "prescribe" error the

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 13662   View pdf image (33K)
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