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I am glad to see Judge Dorsey in the
chamber, because I am finally going to quote
Thomas Jefferson. It was he, you will recall,
who stated at one time, discussing the
amount of power in the departments, who
said:
"Free government is founded in jeal-
ousy and not confidence; it is jealousy
and not confidence which prescribes lim-
ited constitutions, to bind down those
whom we are obliged to trust with power."
I can go to the constitutional authority,
Niles, which is the only real interpreter of
the Constitution of Maryland —
THE CHAIRMAN: Your time has ex-
pired, Delegate Gleason.
DELEGATE GLEASON: Just on that, the
Scanlan magic, even though he has faced
the difficulties in this one, succeeded on this
amendment. It is an extremely important
provision in this constitution.
THE CHAIRMAN: Is there any further
discussion ? Does any other delegate desire
to speak in favor of the amendment? Does
anyone desire to speak against?
(There was no response.)
Are you ready for the question ?
(Call for the question.)
The Clerk will ring the quorum bell.
Delegate Willoner.
DELEGATE WILLONER: Just one thing:
This language has never been construed by
the Maryland Court of Appeals, because
the language is changed from the present
Constitution. The "ought" has been changed
to "shall."
THE CHAIRMAN: Delegate Dorsey.
DELEGATE DORSEY: Now that my
good friend from Montgomery County is
talking like a Jeffersonian, I want to say I
am 100 percent with him.
THE CHAIRMAN: The question arises
on the adoption of Amendment No. 3 to
Committee Recommendation R&P-2.
A vote Aye is a vote in favor of Amend-
ment No. 3. A vote No is a vote against.
Cast your vote.
Has every delegate voted ? Does any dele-
gate desire to change his vote?
(There was no response.)
The Clerk will record the vote.
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There being 67 votes in the affirmative
and 49 in the negative, the motion carries.
The amendment is adopted.
Are there any other amendments to sec-
tion 3 ? The Chair hears none.
We will proceed to a consideration of sec-
tion 4.
Delegate Scanlan, do you desire to offer
your amendment P ?
DELEGATE SCANLAN: Well, four is a
hard point to make in dice, but we will
give it a try.
THE CHAIRMAN: The pages will dis-
tribute Amendment P.
This will be Amendment 4. The Clerk will
read the amendment.
READING CLERK: Amendment No. 4
to Committee Recommendation R&P-2, by
Delegates Scanlan and Moser: On page 2,
section 4, Suspension of Laws, strike out
all of lines 13 through 17, inclusive.
THE CHAIRMAN: The amendment hav-
ing been offered by Delegate Scanlan and
seconded by Delegate Moser, the Chair
recognizes Delegate Scanlan to speak to the
amendment.
DELEGATE SCANLAN: Briefly, Mr.
Chairman, fellow delegates, again we have
in section 4 a provision that has had per-
haps some historical justification for its
insertion in the Constitution of 1867. I am
not entirely sure, but I believe that some
of the actions of a pro-Union government
during the time when the State of Mary-
land was occupied by the Federal troops
probably explains the specific prohibitions
against the misuse of executive power by
suspending laws.
I think it is perfectly clear that in a
constitution which vests the legislative
power entirely in the legislature except as
specifically prescribed in the constitution,
such as the governor's pardon and veto, etc.,
that under such provisions of that type a
constitution is unnecessary to have a specific
prohibition of this sort; that if a governor
tried to suspend the law he obviously would
exceed his executive authority, and it would
be struck down by our courts.
I believe some people that favor retention
of language such as found in section 4 allude
to the example of Huey Long in his day.
Perhaps a more recent southern governor
may furnish another example, but at least,
so far as Huey Long was concerned, his sus-
pension of the laws was undertaken pur-
suant to authorities specifically vested in
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