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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1346   View pdf image (33K)
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1346 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

There are many of us who feel that the
three elective offices within the executive
branch, in addition to that of the governor,
are necessary as a check on the executive
power, in addition to the checks of the
legislative and judicial branches.

There are other delegates who have
urged in the interest of efficiency and prog-
ress that we do not clutter the line of au-
thority of the chief executive, and that we
eliminate the elective offices because it
fragments that power.

I am for efficiency and progress, and so
I voted to reduce the House and Senate in
number, because I became convinced it was
good governmental housekeeping. But I
also voted to retain the single member dis-
tricts, to keep the government close to the
people.

I believe that the reforms that we make
within our governmental system, ought to
be consonant with the kind of government
we want to maintain here in America, and
that is a democracy. We provide for that
by making sure that there is maximum par-
ticipation of the people in the government
through the elective process, and through
the election of public officials.

Now, for efficiency and progress, I voted
for the recommendation of the nominating
commission of the Judicial Branch Com-
mittee in the interest of getting a free and
independent judiciary, although I am still
opposed to closing the judicial elections to
any citizen in America who qualifies him-
self and who aspires to the judiciary.

For efficiency and progress I voted for
stronger local government and all of the
recommendations of the Local Government
Committee.

But now under efficiency and progress
we are urged to eliminate all the state-
wide elective offices within the executive
branch except that of governor, and yet
no delegate has given a convincing example
of how the existence of the elective office
within the executive branch very seriously
impaired the efficiency of a gubernatorial
office and affected the progress of this
State, not one.

I am for strengthening all three branches
of government so that they will be co-equal
branches, but with all of the testimony
about the fragmentation of the governor's
power, it still remains as a fact that the
governor of this State is the single most
powerful elected official, and it is true of
all other states.

One delegate said that the existence of
these three elective offices as a check on
the executive power was an indication of
the distrust of the people for the chief ex-
ecutive. I would say that it is a healthy
restraint on the chief executive, because in
a democracy we need that restraint on this
concentration of power.

THE CHAIRMAN: You have a little
less than one minute, Delegate Mitchell.

DELEGATE MITCHELL: I think our
founding fathers in this State and in other
.states purposely provided that there would
be a fragmentation of the executive power
or, if you will, a diffusion of the executive
power, because they were so close to the
tyranny that comes from the abuses of too
much concentration of executive power. I
have not voted to retain the treasurer be-
cause I believe his duties duplicate the
comptroller's, but I shall vote for the lieu-
tenant governor as the Committee recom-
mends, because I believe that that is a
valuable and important addition.

I would say, Mr. Chairman, in the inter-
est of efficiency and progress, do not let
us become so streamlined that we stream-
line the rights of the people out of the
government.

THE CHAIRMAN: Delegate Morgan,
you have a little less than five minutes to
allot.

DELEGATE MORGAN: Mr. President,
I yield the balance of my time to Delegate
Sickles.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: Mr. Chairman,
I have three brief points.

Last week we went to very great pains
to remove the judiciary from the political
arena, and I think we should be com-
mended for our efforts. We now have that
opportunity to do that for the chief legal
officer. All logic would dictate that this
position should be appointive.

An argument which was raised time and
time again in the Committee was that the
attorney general's office was a good train-
ing ground for governors. It was also sug-
gested that if we listened hard enough we
might hear a party call, but I think the
wisdom of the individuals involved has
been such that there has been none; but
even if there were, as President Kennedy
once said, "sometimes party loyalty de-
mands too much."

My second point relates to a realistic
appraisal of the current situation. Great

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1346   View pdf image (33K)
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