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Really all we are trying to do is add to
the constitution something which at best
ought only be statutory, something decided
on by the General Assembly in Maryland.
In reality we are setting up a situation
where we are writing a basic document
with every likelihood that some of the pro-
visions are going to be knocked off by the
Congress itself.
I submit to you a far better place to ac-
complish what you want to do is in the
General Assembly; as you know when the
General Assembly has fallen down on the
job the federal district courts in Maryland
and in three other states have not been re-
miss in moving in and doing the job for
the legislature, so much so that if the legis-
lature learned anything from the last time
that the courts did the job it learned that
they ought to do it themselves.
THE CHAIRMAN: Your time has ex-
pired, Delegate Gallagher.
Delegate Koss.
DELEGATE KOSS: Mr. Chairman, and
fellow delegates, I know full well that Con-
gress has been working on this since 1961.
My only hope is that they would have
gotten something done a lot sooner.
I am also aware since 1959 there have
been no standards in the federal laws re-
garding congressional districts. I would be
very flattered to participate in a constitu-
tion that lasted 100 years without amend-
ment.
I think this is a little silly to expect. In
the absence of any action on the part of
Congress, I think it is our duty and re-
sponsibility to the people of Maryland to
protect their representation.
It is for this reason that I think that it
is absolutely essential that our Constitu-
tion contain some safeguards. I would hope
that the strengthened legislative branch
that we are working so hard on would have
taken cognizance that the courts have had
to go into that and do the redistricting be-
fore.
I would hope that that would never have
to happen again. It is for that reason that
I think that this kind of language should
be in our Constitution.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate Burdette?
DELEGATE BURDETTE: Mr. Chair-
man, I should like to say that as a member
of the Committee on the Legislative Branch,
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I became convinced but not being a lawyer
I want to invite others to correct me, that
in all probability this subject had been pre-
empted in the federal Constitution.
The language in section 4 of the first
article of the Constitution of the United
States says "The times, places and manner
of holding elections for senators and rep-
resentatives shall be prescribed by each
state in the legislature thereof, but the
Congress may at any time by law make
or alter such regulations except as to the
places of choosing a senator."
It is possible that that is not a complete
pre-emption. Yet, we have seen that the
time at which we elect officers, even our
state officers have been fixed by Congress,
by law, because it is the time for electing
representatives.
I should like to say secondly, Mr. Chair-
man, that because this is a very long
amendment, I should for one like to see it
somewhat divided so that it is brought up
in detail.
THE CHAIRMAN: I do not know
whether that is a request for division. The
Chair does not see any division that could
be made, unless you had one to suggest. The
mere fact that it is long would not, I think,
be sufficient reason for it.
DELEGATE BURDETTE: It seems to
me, Mr. Chairman, that it does have a num-
ber of elements in it, some of which per-
haps one would vote for and perhaps not
others. But in the interest of the hour, I
will waive that point now.
THE CHAIRMAN: Very well.
Delegate Winslow.
DELEGATE WINSLOW: Mr. Chair-
man, may I just say a word in favor of
this amendment?
In answer to a question which was raised
with respect to the decennial census, as I
recall the provision in the federal Consti-
tution, the reapportionment and therefore
the redistricting of the congressional dis-
tricts comes about by the Constitution after
each decennial census, so that it does not
matter how often the U. S. Bureau of the
Census should act.
The Constitution still provides that the
reapportionment and redistricting shall oc-
cur after each decennial census, and that
is what this provides.
In the second place, may I suggest, sir,
that the habits of depending upon the
United States District Court to correct the
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