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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1458   View pdf image (33K)
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Such individual executives shall serve at
the pleasure of the governor. The governor
shall also with the advice and consent of
the Senate appoint such individuals to fill
vacancies on the governing boards of insti-
tutions of higher education and the public
school system and on regulatory and quasi-
judicial agencies and commissions. All such
gubernatorial appointees shall have such
occupational qualifications as may be pre-
scribed by law. "

THE CHAIRMAN: The Chair now rec-
ognizes Delegate Boyce to present the Mi-
nority Report EB-1.

DELEGATE BOYCE: About going to
the Minority Report, I would not like to
usurp the power of the Entertainment
Committee Chairman, but I would like to
point out a few traditional eyes and liberal
eyes got together in the Statler Hilton on
the top-floor last night. I do not own any
stock in it. The man that paid the bill just
got in here. I guess none of us are going
to jail.

I would like to try to explain the reason
that you have to have a combination of
amendments here. We did this every way
we could in Committee, to try and see if
we could not do two things: Give the gov-
ernor of this State the power to reorganize,
without having to wait for the two-year
period in the temporary provision that you
find in your blue sheets just following
section 4.18.

We wanted to make sure that the gov-
ernor, who is on a full-time basis, as op-
posed to the legislature, could go ahead
concurrently. I think this is possible. I
think it has been done in other states, and
the Task Force that Dr. Spencer testified
about before our Committee is already
operating in the hopes that they can get
these 276 commissions and bureaus and
boards and agencies and everything possi-
ble into somewheres around sixteen to
eighteen different principal departments.

With trying to give the governor this
power and spelling it out that he may go
ahead and organize, we have also tried to
make sure that the principal departments
were headed by a single executive, with
the exception of the school board, and, of
course, the school, the department of edu-
cation board and any quasi-judicial board
that might be involved.

I think that we have recognized here, and
there is no point in my being very long

winded about it, that we are moving in the
right direction to a strong governor and
he will ultimately be checked by both the

legislature and the judicial, but I do want
to point out that one of the foremost au-
thorities has maintained that the biggest
problem with state government is that over
the years, the governorship has not devel-
oped as fast as it might. As William
Young puts it the development of the
governorship has proceeded from the tested
minion of royal power to the stepson of
legitimate domination, to a popular figure-
head and finally to an effective chief

I think this is what we are trying to
make our governor of Maryland, an effec-
tive executive and I recognize it is very
hard for some of us to want to go quite as
far as maybe I do and some others, but I
think what Mr. Justice Holmes said, and
he has been quoted many times on the floor,
it is not where you stand, but in which
direction you are moving that is really

I think we are moving to the effect of
strengthening our governor. I think this
has a couple of happy by-products, and I
would like to quote from the Minority Re-
port and say several worthwhile by-prod-
ucts also rule. I believe language is clari-
fied and reduced. The temporary provision
or transitory schedule is eliminated and
specific references to a legal or to a fiscal
department can be avoided.

Now, I may have to look again at how
the Majority Report works out apart from
the executive branch situation and mine
may have to be slightly amended there, but
I think the problem is what we are trying
to do, and I will repeat, and then take on
any questions. We are trying to let the
executive of the state reorganize the de-
partments of the executive branch. We are
not letting him do it without approval of
the Senate. He must have for both houses.
One house can stop it if they do not ap-
prove of what he is doing. Secondly, we
are trying to assure that all those depart-
ments other than those that do with edu-
cation are headed by a single executive. I
feel this does it.

(At this point, First Vice-President James
Clark assumed the Chair.)

DELEGATE J. CLARK (presiding) :
Are there any questions?

The Chair recognizes Delegate Maurer.

DELEGATE MAURER: I have a par-
liamentary inquiry, Mr. Chairman.

DELEGATE J. CLARK (presiding):
State your inquiry.


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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1458   View pdf image (33K)
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