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READING CLERK: Amendment No. 3 to
Committee Recommendation R&P-2 by Dele-
gates Scanlan and Moser:
On page 2 strike out all of section 3, Sep-
aration of Powers, comprising lines 4
through 11, inclusive.
THE CHAIRMAN: The amendment hav-
ing been submitted by Delegate Scanlan and
seconded by Delegate Moser, the Chair
recognizes Delegate Scanlan to speak to the
amendment.
DELEGATE SCANLAN: TJiis might not
be good in a dice game, but I am handing
over the dice to my co-sponsor, Delegate
Moser.
THE CHAIRMAN: The Chair recognizes
Delegate Moser.
DELEGATE MOSER: Mr. Chairman, I
appreciate the confidence of my co-sponsor.
This provision we think is not adequately
taken care of by provisions already adopted
in the judicial, legislative, and executive
branches. Moreover, it has some serious
flaws in it, as recognized by the Majority
Report in discussing it. These flaws relate
to the problem of administrative agencies
which exercise legislative and judicial pow-
ers and this provision might be construed
by its adoption as rendering this unconsti-
tutional.
There is a companion piece, I think, which
the General Provisions Committee may be
recommending, which does something simi-
lar to that, and a section to remedy this
defect. However, it does not remedy a sec-
ond defect which is in this, and that is one
in the local government area.
One of the things that is contemplated
by the local government article is that each
unit, or rather each county, in adopting the
home rule charter, may provide for a com-
bined legislative and executive unit. That is,
a county council may exercise both legisla-
tive and executive functions.
I have never thought of this before, but
it is quite likely that Wicomico County's
County Council may well be unconstitutional
since this is a carry over from the existing
Constitution, and would as it reads literally
prohibit that type of arrangement. For
these reasons, we recommend that this be
deleted.
THE CHAIRMAN: The Chair recog-nizes
Delegate Child.
DELEGATE CHILD: Mr. Chairman, I
would oppose the amendment because I
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think that this provision, which is now
section 8 of our present Constitution, should
remain where it is. It was in the Constitu-
tion of 1776, 1851, 1864, and is in our pres-
ent Constitution.
Now, we have said here in adopting our
various executive, legislative, and judicial
branches, that the executive department
shall be vested in a governor, the legislative
in the General Assembly, the judicial in
the four-tier court system, but nowhere
have we said that the governor cannot be
the Chief Judge of the Court of Appeals,
and this is exactly what that section says:
that one section of the government, that is,
one part of the government cannot exercise
the functions of the other branch.
The whole system of our government is a
system of checks and balances, one against
the other, and if we combine them, I think
we are getting into serious trouble, and we
should not do it. I think that this is a fair
constitutional provision. It should stay in
there.
It has been the subject of a long line of
decisions of the Court of Appeals, one, I
believe, in 229 Maryland. I oppose the
amendment, I think it is the right of the
people to know what section or what part
of the government they are dealing with,
and that they are not mixing one with the
other.
THE CHAIRMAN: Delegate Boileau.
DELEGATE BOILEAU: Mr. Chairman, I
desire to speak in favor of the amendment.
Another section with which we would
bring about a built in conflict is the very
end of section 4.10, already adopted, powers
and duties of the successor to the governor,
and there it says when the president of the
Senate serves as acting governor, he shall
continue to be president of the Senate, but
during his service as acting governor his
duties as president shall be performed by
such person as the Senate shall select.
When the Committee discussed this, it
was noted that we did not want to deny a
president of the Senate who would be indeed
acting governor for an hour or a day or
some period of time less than that which
would result in his becoming permanent
governor of the State for the remainder of
the term, his seat in the Maryland Senate.
As I said earlier, this section, section 3,
would provide certain built in conflicts that
may put it in question.
THE CHAIRMAN: Does any delegate de-
sire to speak in opposition?
Delegate Marvin Anderson.
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