|
tion of the action of the Convention on
S&E-5, Committee of the Whole Report No.
9, and GP-4. I understand that is in order,
but cannot be taken up until the lapse of
one day. Is that correct?
THE PRESIDENT: That is correct. It is
the second session day after the motion.
DELEGATE JOHNSON: I so move, Mr.
President.
THE PRESIDENT: Is there a second to
the motion?
(Whereupon, the motion was duly sec-
onded.)
THE PRESIDENT: It is moved by Dele-
gate Johnson, seconded by Delegate Boileau,
that the Convention reconsider the vote by
which Committee Recommendation GP-4, as
amended, was adopted.
Pursuant to the rule, the motion will be
put on the calendar for action at such time
as the Committee on Calendar and Agenda
provides, not earlier than the second session
day after today.
It has been regularly moved and sec-
onded that the Convention resolve itself
into the Committee of the Whole.
All those in favor, signify by saying Aye;
contrary, No. The Ayes have it. It is so
ordered.
(Whereupon, at 9:45 P.M., t he Conven-
tion resolved itself into the Committee of
the Whole.)
(The mace was removed by the Ser-
y e ant-a t- A rms.)
COMMITTEE OF THE WHOLE
DECEMBER 13, 1967—9:45 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE CHAIRMAN: The Committee of the
Whole will please come to order.
At the time the Committee of the Whole
recessed it had under consideration Amend-
ment No. 3 to section 3 of Committee Rec-
ommendation R&P-2.
I believe Delegate Weidemeyer had the
floor at the time.
DELEGATE WEIDEMEYER: Mr. Presi-
dent, I think I had concluded my remarks
in opposition to Amendment 3, and I wanted
to ask Delegate Henderson some questions,
but I think I concluded those.
|
THE CHAIRMAN: I do not desire to
encourage further discussion.
DELEGATE WEIDEMEYER: The only
suggestion I have is that Delegate Scanlan
withdraw this amendment, and if he has any
objection to the separation of powers doc-
trine as enunciated by GP-11, that he bring
in his amendment at that time, and prob-
ably he will not have any objection.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: I do not want
to withdraw the amendment, Mr. Chairman.
THE CHAIRMAN: Very well. Let's pro-
ceed.
Is there any further discussion ?
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman
and fellow delegates:
I would be very concerned if the dele-
gates of the Committee of the Whole did
not realize the importance of this attempt
to remove a section from this constitution
which has been in every constitution in the
State of Maryland and has been there in
modified form in the last section before the
Committee of the Whole, though it states
that the branches of government shall be
forever distinct and separated. It has been
in the Maryland Constitution since 1851.
Frankly, I find it a little difficult to under-
stand the concern of Judge Henderson who
states what great harm the permanence of
this recommendation by the Committee will
have if it stays in the Constitution, in view
of the fact that this has long history, in
view of the fact we have had separate
branches of government. We have had ad-
ministrative agencies. I find it particularly
difficult to understand his concern when this
provision of the Constitution, not only in
the Constitution of 1867 but going back to
the original Constitution of Maryland, has
been continuously construed by the highest
courts of Maryland. It has been construed
in cases involving executive usurpation of
legislative power; it has been construed in
cases involving judicial usurpation of legis-
lative and executive power; and it has been
construed in cases of legislative usurpation
of judicial and executive power.
This is a very, very important part of any
constitutional document. It means precisely
what it says. It means that the power
granted in the constitution shall be granted
to a branch of government, and it shall not
be granted and shall not be used by any
other branch of the government.
|
