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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1861   View pdf image (33K)
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[Dec. 6] DEBATES 1861

part of one of the political parties of the
State.

Now, it is rather significant to me that
the model state constitution contains vir-
tually no language at all on finance, be-
cause it believes that the majority of these
matters are statutory in nature. But to the
extent it does contain any language, it
specifically authorizes the General As-
sembly to increase, as well as to decrease.

What the Goodno\v Committee really did
was to take the 1898 Baltimore City Char-
ter, and it said that from 1898 through
1916 it worked very well. The Committee
was very upset about the fact that the
State had to borrow money to take care of
the deficit financing which had occurred
over the years.

I submit to you that the State of Mary-
land merely went to a political subdivision,
found the practice worked satisfactorily,
and said, this is the practice we want to
employ in order to eliminate deficit spend-
ing. There is nothing in this proposal that
you have before you, this amendment,
which will authorize deficit spending. It
would, however, put the legislature on a
co-equal basis with the other branches of
"•overnment.

I am not suggesting that this should be
the vehicle to break up the governor's abil-
ity to prepare an overall budget, but I say
to you, you really place little responsi-
bility in the General Assembly when you
will allow it to set the tax rate and to
raise their rubber stamps — all in favor
will say Aye, in favor of the governor's
budget. That is hardly a sign of imposing responsibility.

THE CHAIRMAN: You have one-quar-
ter minute.

DELEGATE GALLAGHER: If we are
really sincere about making the General
Assembly the responsible body we aspire
for it, ladies and gentlemen, I urge you to
give this amendment favorable considera-
tion. This is the question of the future
status of one of the three major branches
of state government.

THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment?

Delegate Clagett.

DELEGATE CLAGETT: Mr. Chairman,
I am not one of the so-called experts in
this field, nor do I pretend to be so by in-
ference or by reason of having been chair-

man of any of the committees, three or
otherwise.

However, what is really apparent here,
insofar as a layman's reaction is con-
cerned, is that by the proposal of the Com-
mittee we have a clearcut budgetary sys-
tem. We have an executive officer who is
responsible for drawing up that initial
budget for the purpose of carrying out a
program on the basis of which he has been
elected.

Then we have a review of that budget
with certain powers provided, by way of
increase where dealing with the legislative
or judicial branches, and concerning re-
ducing or striking any items, except those
clearly spelled out which can not be sub-
jected to such striking or reducing.

When we permit the legislature to enter
the field of preparing the budget in the
manner proposed by the amendment, we
are clearly opening up a juggling process
whereby as they increase, decrease, trans-
fer, and add new items, the result would
be nothing other than an individual such
as myself, or any other person not an ex-
pert in the field, being lost in the maze of
confusion which results.

By supplementary appropriation as I
understand it the General Assembly can
do all of the things which are mentioned
in the recommendation. But when it does
so by a supplementary process, it must do
so by a bill which must be debated on the
floor, given the result and the publicity
from such an approach, can be subjected to
veto or overridden if that veto is not con-
curred in by the General Assembly.

But certainly each of the purposes for
which the proponents of the amendment
are arguing in favor of the amendment, the
supplementary processes I feel equally ac-
complish the result.

THE CHAIRMAN: You have one-quar-
ter minute, Delegate Clagett.

DELEGATE CLAGETT: But it is clear-
cut, straight-forward, one to which we have
become accustomed, and I urge that the
amendment not be adopted.

THE CHAIRMAN: Delegate Bamberger.

DELEGATE BAMBERGER: I rise to
speak for the amendment.

First, please understand, this is not by
any means a proposal for deficit financing.
We have attempted in the amendment to
make it perfectly clear that whatever
changes the legislature would make in the
budget, the budget must still be balanced.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1861   View pdf image (33K)
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