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READING CLERK: Amendment No. 6 to
Committee Recommendation R&P-1, by
Delegate L. Taylor.
On page 2, section 3, Right to Due Pro-
cess and Equal Protection, in line 31 after
the period add the following new sentence:
"The General Assembly shall have power
to enforce this section by appropriate legis-
lation."
THE CHAIRMAN: The amendment is
offered by Delegate Taylor.
Is there a second?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: Delegate Beatrice
Miller seconds the motion.
The Chair recognizes Lloyd Taylor to
speak to the amendment.
DELEGATE L. TAYLOR: Mr. Chairman,
this was taken from the United States Con-
stitution. The fifth section of the United
States Constitution reads:
"The Congress shall compile appropriate
legislation to enforce the provisions of this
article."
I feel this is an affirmative statement em-
powering the General Assembly to enforce
the provisions of this section which we have
adopted.
I feel that so many times we have a lack
of laws, and the General Assembly and the
people of Maryland need encouragement
that we shall receive affirmative action.
Many times the government of Maryland
has operated in a vacuum, with no laws
pertaining to equal protection, and often we
have relied upon the United States Consti-
tution.
According to a United States Civil Rights
Commission report on schools it says, "Sec-
tion 5 gives the 'Congress the power to en-
force the amendment by 'appropriate legis-
lation.' Recent Supreme Court decisions
make it clear that section 5 is an affirma-
tive grant which authorizes the Congress to
determine what legislation is needed to
further the aims of the amendment."
I feel that the General Assembly should
be encouraged to enact laws to secure the
protection of all the citizens of the State of
Maryland.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment ?
Delegate Gleason.
DELEGATE GLEASON: Delegate Tay-
lor, were you referring to section 5 of
Article XIV?
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THE CHAIRMAN: Delegate Taylor.
DELEGATE L. TAYLOR: Yes.
THE CHAIRMAN: Delegate Gleason.
DELEGATE GLEASON: Nothing fur-
ther.
THE CHAIRMAN: Are there any other
questions?
Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman, I
rise to oppose this amendment, primarily
because it is not only unnecessary, but I
must call your attention to the fact that
the Bill of Rights which we have proposed
here is a statement of those inalienable
rights that the government shall not take
away from individuals. Consequently, the
implementation of a concept like this takes
place automatically and, as the legislature
thinks from time to time may be necessary.
We are not stating an affirmative right
which the government shall implement by
action of the General Assembly.
What we are stating is an inalienable
right which shall not be taken away by the
government or any court. Therefore, this
language is not necessary. It is even ridicu-
lous. It is not to be compared with the 14th
Amendment.
All we are doing is restating a basic
inalienable right and, therefore, I would
suggest to you that additional language
such as this neither adds to the provision
nor is necessary. I think it is also a little
out of place. I would therefore recommend
that you reject the amendment.
THE CHAIRMAN: For what purpose
does Delegate Taylor rise?
Does any other delegate desire to speak
in favor of the amendment?
Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Mr. Presi-
dent, I would like to ask Delegate Taylor
if he would consider striking out the three
words in line 5 "have power to," which
would let that amendment read, "the Gen-
eral Assembly shall enforce this section by
appropriate legislation." This would be
more positive than saying that they have
the power. If he strikes out "have power
to" it means it would be mandatory upon
the General Assembly to enforce the provi-
sions of section 3, along with 'Amendment
No. 3 that was added this afternoon.
THE CHAIRMAN: Delegate Taylor, did
you understand the suggestion?
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