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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1266   View pdf image (33K)
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1266 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 27]

Democracy can only operate when re-
sponsibility is clearly assigned to a single
individual; that individual after being
given the power to discharge his responsi-
bility periodically called to account to the
people for this stewardship.

Lower the lines of authority, lower the
lines of responsibility, and you diminish
the democratic process.

I should like to conclude my few remarks
here in presenting this portion of the Ma-
jority Report by a quotation from Alex-
ander Hamilton, writing on this precise
problem, which arose in the great conven-
tion of all times, the Convention that wrote
our existing federal Constitution. This
question was debated at length, pre-
sumably based on the notes of that Con-
vention on the floor of that body, and was
subsequently the subject of much debate
among the people at the time when the
document was up for final ratification.

The root paper perhaps of all in terms
of checks and balances is No. 70 of the
FEDERALIST PAPERS, and with your indul-
gence, I should like to conclude by reading
two brief selections from that document,
because it seems to me this puts at rest
once and for all this question of the neces-
sity for checks and balances within a single
branch of government. Hamilton wrote:

"It is evident from these considera-
tions that the plurality of the executive
tends to deprive the people of the two
greatest securities they can have for the
faithful exercise of any delegated power.
First, the restraints of public opinion,
and secondly, the opportunity of discov-
ering with facility and clearness the mis-
conduct of the persons they trust."

If you have clear lines of authority, if
you have frequent opportunities to call
those people to account, then you have true
democratic government.

Finally Hamilton says:

"The executive power is more easily
confined when it is won; that it is far
more safe, there should be a single object
for the jealousy and watchfulness of the
people; and in a word, that all multipli-
cation of the executive is rather danger-
ous than friendly to liberty."

I urge this Convention to consider care-
fully the multi-headed executive branch.

If we do not have an executive com-
petent to meet with dispatch the problems
which face the State, to that extent I sug-
gest this body will not have done its job.

THE CHAIRMAN: Are there any ques-
tions of the Vice-Chairman for purposes of
clarification? Delegate Malkus.

DELEGATE MALKUS: Mr. President,
since we do not have a prepared speech,
is it possible that we could have his pre-
pared speech before we question the Vice-
Chairman? I refer to that point where he
talks about democracy, and it bothers me
a little bit. To me, he is talking about
autocracy.

THE CHAIRMAN: Delegate Malkus, is
your question whether you can have a copy
of the text of Delegate Adkins's presenta-
tion of the committee report?

DELEGATE MALKUS: Yes, sir.

THE CHAIRMAN: Delegate Adkins, do
you have written text that you could make
available to Delegate Malkus?

DELEGATE ADKINS: No, sir.

THE CHAIRMAN: The answer is No.
Is there a further question?

DELEGATE ADKINS: It has not been
transcribed.

DELEGATE MALKUS: Mr. President,
I mean I know we have just postponed one
important subject matter. I know we have
plenty of time and plenty of help here,
could we have a copy of what my good
friend, Dale Adkins, has said, so that we
can specifically question him on what he
has said?

THE CHAIRMAN: He has just indi-
cated to you that there is no copy avail-
able, and we certainly cannot adjourn the
Convention until it can be prepared. If we
did that, Delegate Malkus, we wouldn't
move on any matter.

DELEGATE MALKUS: Is it my under-
standing of the Chair that anybody can
make any statement at all, and we have got
to depend on our ears for what we have
heard?

THE CHAIRMAN: I think that is true.

DELEGATE MALKUS: Mr. President,
of course, everybody knows that you are
smarter than I am.

THE CHAIRMAN: That remark is un-
called for, Delegate Malkus.

DELEGATE MALKUS: Well, if you
do not mind, sir —

THE CHAIRMAN: The matter before
the House now is questions to the Vice-
Chairman. Please confine yourself to such
questions.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1266   View pdf image (33K)
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