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The next item on the agenda is a con-
sideration of Committee Recommendation
R&P-2. The Chair desires to make two
announcements.
One, it has become quite obvious that
the debate is being prolonged by absence
of members from the chambers during the
presentation and question and answer
period and during debate. I realize fully
that these proceedings are tedious, tire-
some, and exhausting for everyone. The
only way we can possibly conclude quickly
is to stick to the task, be here during dis-
cussion and debate, and thereby make un-
necessary repetition of questions and re-
consideration of previous action.
The second announcement, which I am
sure will be more welcome to you, is that
Delegate Kiefer has indicated that he can
and will make his presentation very brief.
He will answer all questions. Please keep
your questions confined to questions for
clarification and not for debate.
Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
ladies and gentlemen of the Committee,
not only will I make this very brief, but I
have asked three of the four of the Com-
mittee members to make specific comments
on sections. I hope they will do it from
their own place, and that they will be very
brief.
I think very frankly that we can get on
with this. I am very proud of what this
body has done with respect to the Recom-
mendation R&P-1. There have been few,
if any, really important changes. One or
two items I was not quite happy with, but
nevertheless, on the whole, I think we have
done a fine job. I appreciate it. I appre-
ciate more than ever the unanimous final
vote, and I say this on behalf of the
Committee also.
Now, the Committee had under considera-
tion quite a group of proposals, as you
know. I think they covered the waterfront.
In addition, we had certain sections of the
present Constitution to consider, that is,
certain areas of the Declaration of Rights
as well as other sections.
What we have come up with in Recom-
mendation R&P-2 is somewhat of a pixie
combination. I say that not facetiously be-
cause the first six sections of Recommenda-
tion R&P-2, in effect, refer to a form of
government rather than to personal rights.
The others refer to specific matters. I do
not propose to take very much time. There
are amendments that are to be offered
with respect to section 1 and section 2.
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Section 1 refers to the supremacy of the
Constitution of the United States. Section
2 refers to the powers reserved to the
states. Both of these sections are in the
present Constitution. They were put in
there right after the Civil War at a time
of stress and strain, when it was im-
portant to restate these concepts. I do not
believe it is particularly necessary now.
However, we offer them for your con-
sideration.
An amendment will be offered so that
you can say yes or no to them without a
lengthy discussion. I do not think we are
going to add very much to anybody's edu-
cation by discussing them. This is simply
to give you an opportunity to decide
whether or not you want them in the new
constitution.
I will give Delegate Child an opportu-
nity to discuss section 3 and section 5. He
is not here at the moment, but section 3
is partly covered by general provisions,
Recommendation 9; and section 6 by Gen-
eral Provisions Recommendation 11.
I think section 6 is really a transitory
provision and there is an amendment that
has been shown to me that is perfectly
acceptable. These are just housekeeping
items in a certain sense.
Section 7, has to do with the right to
sue the State and local governments, and
section 8 is the right to remove civil cases.
Section 10 retains the present provision
that the criminal jury is the judge of the
law as well as the facts.
Section 12 is the right of removal of
criminal cases. It will be discussed by
Delegate Willoner.
Delegate Willoner, would you like to
come forward? Perhaps the delegates could
see you better. I might say, while he is
coming up here, Delegate Weidemeyer will
discuss, and I hope very briefly also, sec-
tions 11 and 13.
Delegate Mitchell will discuss section 9.
(At this point, First Vice-President
James Clark assumed the Chair.)
DELEGATE J. CLARK (presiding) :
Delegate Willoner.
DELEGATE WILLONER: I think I
should first discuss the right of removal.
We have in the Majority Report the right
of removal as it is in the present Constitu-
tion, for the purposes of civil trials and
for criminal trials, which include all
felonies.
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