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I believe Chief Justice Stone once re-
ferred to it as the residual amendment,
and I think that is a true description of it.
Whatever is not delegated to the federal
government, of course, is reserved to the
states and the people, and the Tenth
Amendment states that explicitly in the
Federal Constitution, where it should be
stated.
We add nothing to that statement. We
add not one bit by way of extension or
application or interpretation of the Tenth
Amendment by restating it in our own con-
stitution, and as a companion deletion to
section 1. I urge the deletion of section 2.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
ladies and gentlemen of the Committee, I
must agree with what Delegate Scanlan
says. However, there are members of the
Committee who felt that this was a right
that perhaps ought to be included. They
may want to speak against the amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?
Delegate Weidemeyer, do you desire to
speak in opposition?
DELEGATE WEIDEMEYER: Mr.
President, I do.
THE CHAIRMAN: You may speak.
DELEGATE WEIDEMEYER: I saw
the last amendment railroaded through
here because of Delegate Scanlan's fine
oratory, but in this instance, while I sat
idly by in the first instance, I am not
sitting idly by now.
If we do not adopt this because one might
say it is redundant, if we do not put this
concept in our constitution, then I say we
have ignored our reason for being here.
This is the Tenth Amendment of the Con-
stitution of the United States. It cannot
hurt anybody except the cost of printing
this little paragraph. If you do not like
this amendment in the Constitution of the
United States, then you ought to tell Con-
gress so, but I think we ought to say to the
people of Maryland that we believe in the
Tenth Amendment of the United States and
we reaffirm the Tenth Amendment of the
United States which says that all powers
not delegated to the federal government by
the Constitution of the United States, nor
prohibited by the Constitution of the United
States to the states, are reserved to the
states and the people and it is under those
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reserve powers and under this that we are
now acting to write our constitution.
I say it is a very important concept and
our reason for writing this constitution, is
that we clearly state and reaffirm the Tenth
Amendment of the United States by a lan-
guage including it in our document and
show our people of Maryland what we are
acting on. We are acting on those reserve
powers stated by this section 2. Let us let
our people know and let ourselves know
why we are here. I am opposed to the
amendment.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the Amend-
ment ?
Is there any other discussion?
(There was no response.)
Are you ready for the question ?
(Call for the question.)
The Clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 2 to Committee Recom-
mendation R&P-1.
A vote Aye is a vote in favor of Amend-
ment No. 2. A vote No is a vote against.
Cast your votes.
Has every delegate voted ? Does any dele-
gate desire to change his vote?
(T It ere was no response.)
The Clerk will record the vote.
There being 86 votes in the affirmative
and 31 in the negative, the motion carries.
The amendment is adopted.
Delegate Scanlan, do you desire to offer
your amendment O?
DELEGATE SCANLAN: While the dice
are hot, I might as well go.
THE CHAIRMAN: The pages will distri-
bute amendment O.
DELEGATE KIEFER: Mr. Chairman.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman, do
these have numbers ?
THE CHAIRMAN: The amendment that
is now being distributed will be Amendment
No. 3. The others were one and two, respec-
tively. This will be Amendment No. 3.
The Clerk will read the amendment.
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