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DELEGATE SHERBOW: The proposed
amendment makes no reference whatever to
the judicial budget as such. When the Gen-
eral Assembly makes its change in a budg-
et hearing which in effect changes that
which has been prescribed by law thereto-
fore passed, its budget enactment has the
effect of law.
So that what the General Assembly may
then be doing under the proposed amend-
ment would be changing the law by the
budget action which it takes, and by so
doing it may change, if that amendment
were passed, the judicial provisions.
It is entirely possible that in the present
system when a proposal is made, provided
it is not a salary proposal relating to a
public officer, where the judicial system is
concerned the General Assembly could
change it.
THE CHAIRMAN: Delegate Bamberger,
1 think Delegate Sherbow has made clear,
although he did not directly answer your
question, that the answer is that Amend-
ment No. 2, does not change the committee
recommendation in this regard. That will
be the answer to Delegate Willis' question.
Is there any further discussion of Amend-
ment No. 2 or Amendment No. 2A ?
Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
speaking for myself alone, as Chairman
of the Committee on the Executive Branch
I was greatly in favor of increasing the
power of the executive. But I was not in
favor of increasing the power of the exec-
utive at the expense of the legislative. It
seems to me that the legislature ought to
have the power to legislate.
I suggest that what Judge Sherbow was
saying in opposition to this amendment is
that it would be just catastrophic if the
legislature were given the power to legis-
late. I personally do not believe that. I
think if that is what is to be adopted by
this convention, 1 think we might just as
well say, "Well, Governor, you go ahead
and present your budget. It will become law,
and," as Delegate Gilchrist suggested, "we
will just check up on it through our post-
audit authority."
I certainly urge the adoption of this
amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition?
Delegate James.
DELEGATE JAMES: Mr. Chairman, are
we arguing on the total proposition or
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simply the amendment? I would like to
argue the total proposition.
THE CHAIRMAN: I was permitting de-
bate on the total proposition of Amendment
No. 2.
DELEGATE JAMES: Mr. Chairman,
fellow delegates, I would like to say that
I have been in the General Assembly 21
years, and I have yet to talk to a respon-
sible legislative leader, I have yet to talk
to a legislator, who is not satisfied with
the present executive budget system which
limits the power of the General Assembly
to cutting items.
The legislature is certainly not helpless.
If there is a public program which de-
mands attention, the legislature studies this
program, sometimes by itself, sometimes
in cooperation with the governor; then
plans are laid to adopt a program which
expresses the legislative feeling in the
matter, and if the program is adopted it
is implemented in the executive budget.
Let's face it. This is a proposal to imple-
ment expanding programs in a disorderly
manner.
I am confident the General Assembly and
its members, by an overwhelming majority,
are opposed to this, and I urge you to
adopt the conservative approach, the pres-
ent system, which is orderly and does not
lead us into the chaos that exists in the
federal government and in many states
which do not have Maryland's beneficial
and orderly system of handling finances.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?
Delegate Grumbacher.
DELEGATE GRUMBACHER: I just
wanted to thank the previous speaker for
his compliments.
THE CHAIRMAN: Delegate Burdette,
did you desire to speak in favor of the
amendment ?
DELEGATE BURDETTE: Yes, sir.
THE CHAIRMAN: Speak.
DELEGATE BURDETTE: Mr. Chairman,
many years ago the British political philos-
opher, John Stuart Mill, predicted that the
ultimate role of legislatures would become
the power to say yes or no to executive
proposals.
This amendment moves in the opposite
direction, in the direction of strengthening
the legislative body to work in cooperation
with a strong executive. I should like to
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