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corporated in the Preamble, if you will
note, covers this point by referring to, I
think it is, sections 1, 4, 6 and 7.
Now, we believe that what we have said
adequately expresses, in a lot more terse
and straightforward language, some of the
language that is set forth in the articles
of the Declaration of Rights.
DELEGATE J. CLARK (presiding):
Delegate Miller.
DELEGATE B. MILLER: My question is
where did you say it?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: I would just have
to refer you to the Preamble where we say
all political power originates in the people.
It is right there.
DELEGATE J. CLARK (presiding):
Delegate Miller.
DELEGATE B. MILLER: Do you con-
sider that the Preamble has the same force
as the specific articles of the Declaration?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: The Preamble de-
scribes and establishes the direction, the
philosophy and the aspirations, the basic
concept, yes.
I do not know that the Preamble itself
has the effect of law that the Constitution
itself has, but it expresses the principles
upon which the Constitution is based.
We think this suffices, and after careful
consideration we put this in the Preamble
rather than in the Declaration of Rights.
DELEGATE J. CLARK (presiding):
Delegate Miller.
DELEGATE B. MILLER: I have one
more question, Mr. Chairman, because I
think this is probably the most important
part of the Constitution.
I want to know whether the Committee
considers in any way that taking this basic
right from the people and putting it in the
Preamble is lessening this right of the
people?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
DELEGATE KIEFER: Delegate Miller,
if you had listened specifically to what I
said last night, I would hope that you had
gotten our philosophy that we felt that this
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language clearly and explicitly stated that
the government resides originally in the
people. We set up a Constitution to do two
things — one, .to set up an orderly form of
government and, secondly, to establish and
restate certain basic common freedoms.
We think we have done it in this case.
We have no intention of trying to deny or
to sidestep this particular point. We feel
that we have adequately stated so .that the
world will know that this constitution is
based upon the basic power of the govern-
ment in the people.
I hope we have succeeded. That is what we
had intended to do.
DELEGATE J. CLARK (presiding):
Delegate Ulrich.
DELEGATE ULRIGH: Mr. Chairman, I
suggest the absence of a quorum.
DELEGATE J. CLARK (presiding):
The Clerk will ring the bell. The members
will indicate their presence by the roll call,
please. The Clerk will take the roll.
(Whereupon a roll call was taken.)
DELEGATE J. CLARK (presiding):
There being a quorum present, the work
of the Committee will proceed.
The Chair recognizes Delegate Sherbow.
DELEGATE SHERBOW: The questions
being asked are in the realm of debate
rather than clarification, and when it reaches
this hour on Saturday afternoon with so
many of the delegates not available, and
when we are taking up what is probably
one of the most important areas in the
Constitution, may I suggest that the Chair-
man and the Chairman of the Calendar
Committee, Judge Powers, give very serious
thought to whether or not we ought not
get ready for adjournment.
DELEGATE J. CLARK (presiding):
That will be taken into consideration, sir.
Are there any further questions on sec-
tion 1?
All right, we will go on to section 2. Are
there any questions on section 2?
The Chair recognizes Delegate Macdonald.
DELEGATE MACDONALD: Delegate
Kiefer, do I understand that with regard to
section 2, which is freedom of religion, that
it is the intent of the Committee to adopt
the rationale and the decision in the Horace
Mann case in 242 Maryland?
DELEGATE J. CLARK (presiding):
Delegate Kiefer.
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