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"No person who advocates the overthrow
of the government of the United States or
of the State through force or violence shall
be eligible to hold any elective or appointive
office or any other position of the State or
of any county, municipal corporation, or
political subdivision of the State. The Gen-
eral Assembly shall provide by law for the
enforcement of this section."
T.HE CHAIRMAN: The amendment hav-
ing been offered by Delegate Vecera and
seconded by Delegate Ritter, the Chair rec-
ognizes Delegate Vecera.
DELEGATE VECERA: Mr. Chairman,
fellow delegates:
I think this is a most important and
serious matter. I hope the lateness of the
hour will not affect the outcome and the
hope of this in debate.
I think the amendment is perhaps self-
explanatory. It is already contained in the
Constitution, Article XV, section 11. The
language has been changed somewhat, but
nevertheless the intent still remains.
Together with my co-sponsor, I feel that
language similar to this ought to be re-
tained in the constitution, and that the last
sentence provided in the amendment would
grant to the legislature the opportunity to
allot some type of constitutional language,
or some language which would carry the
intent and which would be constitutional.
And we feel, rather than belabor the
point, before we hear any questions on the
matter, I would rather defer to Delegate
Ritter to see if he has anything further to
say in the matter, Mr. Chairman. He is my
co-sponsor.
THE CHAIRMAN: Delegate Kiefer.
DELEGATE KIEFER: Mr. Chairman,
ladies and gentlemen of the Committee, I
am frank to say that I will have to oppose
this amendment. It may appear all right on
its face, but I believe it runs into areas that
the federal government pre-empted.
I believe it may be unconstitutional.
Certainly it is very vague, and I am not
at all sure how enforceable it is. I believe
it is a matter that is better left to legisla-
tive action and is not a part of this consti-
tution.
I just do not believe this is the kind of
thing that we want in here, even though in
principle I would have to agree with you
as to its general concepts. But I do not be-
lieve it is definite enough, and I believe it
covers areas where we might run into un-
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constitutional effects as far as the Federal
government is concerned.
I hope you will reject this because of the
difficulties involved.
THE CHAIRMAN: Delegate Ritter.
DELEGATE RITTER: Mr. Chairman, I
am not going to belabor the subject tonight.
It is very plain. As Delegate Scanlan said
before when we were deleting section 4,
probably at that time the federal troops
were in the court house. This is not trying
to keep the federal troops out, but rather
those who do not believe in our form of
government out of office.
Vote on whether you care to put this in
or reject it. I say it is there before you.
Make up your own minds.
We do not, I do not, nor my delegate
friend who helped sponsor this does not
believe that those who advocate the over-
throw of our government or the federal
government should hold an office.
DELEGATE FOX: Mr. Chairman.
THE CHAIRMAN: Delegate Fox.
DELEGATE FOX: Mr. Chairman, I would
like to ask a question of the sponsor of the
amendment.
THE CHAIRMAN: Delegate Ritter, do
you yield to a question?
DELEGATE RITTER: Yes.
DELEGATE FOX: How do you envision
that the General Assembly should provide
by law? Do you mean that they should
prescribe an oath?
DELEGATE RITTER: No. I think it
would be unconstitutional. I think they could
set up other qualifications.
In other words, then, if the people by
their own actions advocate the overthrow
of the state government or the federal gov-
ernment, I do not think you need an oath.
I do not think an oath would mean anything
to those people.
I think if they advocate by force or vio-
lence the overthrow of the federal govern-
ment, I do not think you need an oath.
DELEGATE FOX: I do not think an oath
would mean anything to those people, ei-
ther; but how is the General Assembly go-
ing to provide by law? Is the General As-
sembly going to determine whether or not
a person advocates the overthrow of the
government?
THE CHAIRMAN: Delegate Ritter.
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