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sary. I hope to get right on with the
voting.
THE CHAIRMAN: The Clerk will ring
the quorum bell.
Delegate Koss.
DELEGATE KOSS: I wonder if Chair-
man Kiefer could give us some idea of why
some delegates felt it important? Was it
just an attachment to ancient language or
are there legal implications that some of
us might not be aware of?
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Delegate Koss,
as near as I can understand, it was mostly
sentimental, but Delegate Bard is one of
the advocates. He may want to speak to it.
That is the only person I can think of
offhand.
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: Mr. Chairman, I
had not desired to make a speech, but
called upon, I will briefly indicate why I
felt that at that time it was important.
The federal concept is a bilateral con-
cept, one in which the United States Con-
stitution makes clear the relationship to
the states, and I felt that in a bilateral
concept this should be done the other way
around.
Some of the recent constitutions have
done this. There are twenty-six constitu-
tions that have mention of the supremacy
of the federal government.
I would merely add in closing that there
have been many occasions when we have
debated this issue. Though the matter of
invasion has ended, it is certainly true,
Delegate Scanlan, that the matter of
whether we fully agree in connection with
the federal government's supremacy has
not ended, as I listen to a goodly number
of discussions that are going on. I for
one would like to see it in, not for senti-
mentality, but because the contract is
bilateral.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
The question arises on the adoption of
Amendment No. 1 to Committee Recom-
mendation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 1. A vote No is a vote against.
Cast your votes.
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Has every delegate voted? Does any
delegate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
There being 101 votes in the affirmative
and 16 in the negative, the motion carries.
The amendment is adopted.
Delegate Scanlan, do you desire to offer
your Amendment N?
DELEGATE SCANLAN: Yes, I do, Mr.
Chairman.
THE CHAIRMAN: The pages will
please distribute Amendment N. This will
be Amendment No. 2.
The Clerk will read the amendment.
READING CLERK: Amendment No. 2
to Committee Recommendation R&P-2 by
Delegates Scanlan and Moser:
On pages 1 and 2 section 2, Reserved
Powers, strike out all of lines 21 through
24, inclusive, on page 1 and on page 2
strike out all of lines 1 and 2.
THE CHAIRMAN : The amendment hav-
ing been seconded by Delegate Moser, the
Chair recognizes Delegate Scanlan to speak
to it.
DELEGATE SCANLAN: Mr. Chairman,
for the same reasons that I urged the dele-
tion of section 1, I now urge the deletion
of section 2.
Section 2 as it now is offered by ma-
jority is, of course, a restatement of the
Tenth Amendment of the Constitution of
the United States. Again, I believe that
there was historical justification in the
Convention of 1867 when the people who
dominated the Convention for the most
part were sympathetic with the vanquished
clause because of the Confederacy and this,
I believe, was a compromise that they in-
sisted upon, on the one hand, the supremacy
clause, and, on the other hand, the Mary-
land version of the Tenth Amendment.
Again, neither Maryland nor any other
state can make nor mar the Tenth Amend-
ment by anything that we put in our con-
stitution. The Tenth Amendment will be
authoritatively interpreted by the Supreme
Court of the United States. I must concede,
and I think those of you who are familiar
with constitutional law will agree, that
for the most part in recent years, at least
over the last thirty-five or forty years, the
Tenth Amendment has been a rather for-
gotten amendment and does not seem to
have much power.
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