clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2147   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

[Dec. 11] DEBATES 2147

we have duties as well as a right to enjoy.
I am wondering why you left out the con-
cept of duty.

THE CHAIRMAN: Delegate Hardwicke.

DELEGATE HARDWICKE: Delegate
James, in stating a philosophy of govern-
ment, it seems to me that the emphasis is
upon the act of government, and not upon
the act of the people themselves. That is
to say, the philosophy that I have attempted
to express here is a philosophy of the act
of the government, and why the govern-
ment is created. The duty of the people is
not a facet of the duty and responsibility
of government.

THE CHAIRMAN: Any further questions
of the sponsor of the amendment?

If not, the Chair recognizes Delegate
Kiefer, Chairman of the Committee.

DELEGATE KIEFER: Mr. Chairman, I
rise in opposition to this amendment, but
will yield the first four minutes of time to
Delegate Kosakowski.

THE CHAIRMAN: There is no scheduled
debate on the preamble under the debate
schedule. You may speak to it.

DELEGATE KIEFER: If I speak to it,
then Delegate Kosakowski can speak to it
later?

THE CHAIRMAN: Yes. The Chair will
recognize him.

DELEGATE KIEFER: I have a number
of objections to this suggested amendment.
Some of the basic objections will be ex-
pressed by Delegate Kosakowski, but I
would like to address myself specifically to
the language.

I am sorry that we were rushed at the
end of the presentation last Friday, because
I know a number of you may not have
gotten the full impact of what I said then
or may not have been here when I dis-
cussed the preamble. This preamble was not
just a hastily put together series of euphon-
ious phrases; it was carefully worded.

I would like to call your attention to two
or three differences of language which I
think are very essential. It has already been
pointed out that the preamble which we
have suggested recognizes that the political
power originates in the people, and that all
government is instituted to secure their
right to life, liberty and the pursuit of
happiness.

We considered very carefully the concept
of political power being in the people as a

part of the Declaration of Rights. It is
not a justiciable right as such, and we felt
it was properly placed in the preamble, and
we did so.

The purpose of government is to secure
the rights of the people, their right to life,
liberty and the pursuit of happiness. If
you look at that, it is a guaranty to the
right to life, the right to liberty, the right
to the pursuit of happiness. It does not
guarantee life or happiness.

I call your attention to the suggested
preamble or amendment. It says that the
chief function and purpose of government —
I am wondering what other purposes there
are — is to facilitate the enjoyment by all
people of life, liberty, and the pursuit of
happiness. It sounds like a Roman holiday.
It makes it sound very, very easy.

There is another fundamental concept
which I think is important. We have kept
as much of the graceful language of the
present preamble as we thought was ap-
propriate. One of those phrases is the ex-
pression of our gTatitude to God for our
civil and religious liberties, not a request
for a blessing, but an ackowledgement of
our gratitude.

I, therefore, respectfully ask that you
defeat this amendment.

THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment ?

The Chair hears none.

Delegate Kosakowski, do you desire to
speak in opposition?

DELEGATE KOSAKOWSKI: Mr. Chair-
man and members of the Committee:

I was on the subcommittee on the writing
of the preamble. Serving with me were
Delegates Beachley, Dabrowski, and Groh.
It took quite a bit of time. I would like to
give the Committee of the Whole some
statistics.

Fourteen counties participated in send-
ing in preambles. The subcommittee insti-
tuted a program with various schools, pub-
lic, private and parochial. One private school
and one parochial school in Baltimore City
participated: 1317 pupils worked in pre-
paring preambles that were submitted to the
subcommittee; 361 students referred to the
deity in their preamble. Other items men-
tioned were blessings, constitution, equality,
forefathers, freedom, government, heritage,
hope, individual and civil rights, immortal-
ity, justice, liberty, man's dreams, peace,



 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2147   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives