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concern about what the private sector really
means, and where the line is to be drawn
with respect to public and private discrimi-
nation.
I believe that with the growth of needs
in our present economy, the State, because
the state has to, is going to be increasingly
touching many areas of local and state gov-
ernment and community life. But I think
that wherever the state support, wherever
the state court action, wherever the admin-
istrative action of the State is used, it can-
not be used to deny to any citizen the equal
protection of whatever laws there are on
the basis of race, religion, or national
origin.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: For example, I
was thinking in the field of open housing.
Is this amendment of yours intended to
limit the legislature so it could not operate
in that field? It seems to me to be in the
private sector.
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: I do not think
it limits. I think it says to the General
Assembly that in whatever year the case,
whether it is next year or the year after or
50 years from now, because I take it we will
always have a democracy and the state
government will be the government of the
people set up to govern themselves, wher-
ever there is state action, it cannot be
unequally applied.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: Delegate Mitch-
ell, I just hoped that you would not rely
completely on state action because it would
seem to me, and I would hope it would
seem to you, that the legislature could
enact whatever laws it deemed essential
in this particular field and whatever time
in the future it seemed desirable to do so?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: I do not think
this is limiting. There is concern that this
state action concept per se does limit how
far the state government shall go, but
under the interpretations of the court, and
the way the legislative enactments are mov-
ing in other states of the nation and in the
Congress of the United States, the narrow
state action concept is being expanded to
meet the needs, so that I do not think and
it is not our intention that this language
should limit the action of the State to
correct injustices which are based on a
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denial of equal treatment under the laws
because of race, religion or national origin.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
I just have one short question. It has been
gone over four times, and I am still a little
bit confused on Delegate Mitchell's answer.
When you say in line 6, "state", you capital-
ize "State", and realizing in this constitu-
tion we deal not only with a state govern-
ment but with counties, municipalities, pos-
sibly sometime in the future regional politi-
cal organizations, is it your intention that
the word "State" includes all of the politi-
cal subdivisions within the State, including
counties, municipalities, and so forth?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: Yes, that is
our intention.
THE CHAIRMAN: Are there any fur-
ther questions?
Delegate Willoner.
DELEGATE WILLONER: In light of
your answer to Mr. Gleason's question,
would it not be better then to use the
lower case, "s", for State, or was your in-
tent to capitalize it?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: It was not
our intention to capitalize it, or Ave did not
type it up, but the word itself is self-
explanatory, I think.
THE CHAIRMAN: Delegate Willoner,
the Chair might observe that if we follow
the rules, which I think are being followed
by the Committee on Style, you would use
lower case only if you used it as an adjec-
tive.
Delegate Koger.
(TI) ere was no response.)
THE CHAIRMAN: Delegate Gill.
DELEGATE GILL: Delegate Mitchell,
in view of the narrow interpretation that
some people have intimated concerning the
word "state", I was wondering if you
would mind inserting after "state", "or its
political subdivisions"?
THE CHAIRMAN: Delegate Mitchell.
DELEGATE MITCHELL: I think the
language is unnecessary because of the
interpretation by the courts and by the
legislature that the word "state", includes
the state, its political subdivisions, its
agents, servants, employees, and the like.
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