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great flexibility for the State Judiciary, but are we
absolutely certain this system will be sufficiently flexi-
ble to handle the future needs of the Judicial Branch.
Our amendment will allow for modifications in
the court organization without endangering the idea of
a unified system.
The overwhelming majority of state constitutions
currently in force provide for the creation by law of
varying kinds of courts. One may also argue that a few
states limit thi authority, I believe less than four.
Quite frankly, even a couple of constitutions
prohibit the creation of any new courts. I believe that
occurs in only two constitutions.
The weight of precedents is on our side, it seems
here we should be concerned with the principle of flexi-
bility rather than just rely en the majority of what
other states enforce. It is on this principle of flexibil-
ity that we wish to remove from our Constitution the limi-
tation of judicial powers to only those courts named in
the document.
Mr. Chairman, that is essentially, together with |