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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2077   View pdf image (33K)
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[Dec. 9] DEBATES 2077

elected attorney general and not to an ap-
pointed attorney general.

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: That is not to
say that the governor would probably feel
himself bound by the eligibility require-
ments for an elected attorney general and
I think a governor probably would feel
bound by the eligibility requirement, but
there is no requirement that a man who
has been appointed attorney general and
had been a member of the bar for five years
and had been a citizen of the State for five
years —

THE CHAIRMAN: To state it again
clearly for the Committee on Style, the
Committee Chairman has stated that this
section does not impose any qualifications
whatsoever for a person appointed to fill
a vacancy in the office of attorney general.

Delegate Marion, do you have a further
question?

DELEGATE MARION: I am wondering
whether you would be disposed, if that is
the intention of the Committee in this lan-
guage, to accept an amendment which
would require that the appointment be of
a person who would be otherwise quali-
fied for election?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: I cannot speak
for the Committee without taking their
opinion here on the floor, but I would say
personally I would have no objection to
such an amendment.

THE CHAIRMAN: Are there any fur-
ther questions?

DELEGATE MARION: Yes, I have one
further question.

Delegate Byrnes I think was getting into
this area but, as I recall, when we adopted
the language relating to the duties of the
comptroller, we adopted that section in-
cluding a sentence which stated very ex-
plicitly that the comptroller would not be
the head of any principal department in the
executive branch. And as I further under-
stand the language of section 4.20, the
governor is entitled to appoint the heads
of all principal departments. Even though
this recommendation does not use the same
language the section dealing with the comp-
troller did, to wit, "he shall not be the
head of any principal department in the
executive branch." Section 4.20 would make
that very clear, and it is implicit that the
attorney general would not be the head of

any principal department of the executive
branch.

Is that correct?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: That is correct.
THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: Mr. Chairman,
the question that I had was asked by Dele-
gate Marion, because I had wanted to make
certain that the eligibility requirement was
of citizenship of five years also.

THE CHAIRMAN: Delegate Dukes.

DELEGATE DUKES: I think I know
what a resident is and I am vaguely fa-
miliar with domicile, but I do not know
what constitutes a citizen of the State of
Maryland.

I have been reflecting that I may still be
a citizen of North Carolina, never having
renounced it.

THE CHAIRMAN : Delegate Morgan.

DELEGATE MORGAN: I think you are
probably a citizen of the State of Mary-
land if you have been elected to this body.

THE CHAIRMAN: Delegate Dukes.

DELEGATE DUKES: That is why I
am worrying about it. Does it mean a resi-
dent or does it mean something different?

THE CHAIRMAN: Delegate Morgan.

DELEGATE MORGAN: Well, I am just
not prepared to go into a detailed discus-
sion as to what constitutes a citizen of the
State of Maryland and of the United
States.

THE CHAIRMAN: Delegate Dukes.

DELEGATE DUKES: Do you know
whether the Committee's intention would
be substantially the same as a resident?
I wonder if you mean something different.

THE CHAIRMAN: I will read to you
the first section of Article XIV of the Con-
stitution of the United States. "All persons
born and naturalized in the United States,
and subject to the jurisdiction thereof, are
citizens of the United States and of the
state wherein they reside."

DELEGATE DUKES: Thank you.

THE CHAIRMAN: Are there any fur-
ther questions?

Delegate Bothe.

DELEGATE BOTHE: I note that the
recommendation continues the present con-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2077   View pdf image (33K)
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