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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2517   View pdf image (33K)
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[Dec. 15] DEBATES 2517

guage in the existing Constitution on the
subject of education.

We of the minority feel that we are con-
tinuing in the tradition of the existing Con-
stitution in the language that is more
adaptable to present day needs.

Before getting into the specific language
of the Minority Report and the objections
to the majority, I would like to read a quote
which I think sums up to a great degree
the position of the minority. This quote
was written by a group of educators from
the State Department of Education that
prepared a monograph for the New York
State Constitution on the subject of educa-
tion. I read from it: "most state constitu-
tions contain provisions for higher educa-
tion, particularly those that have so much
statute-like detail in them. On the whole
the existing provisions tend to handicap
states involving coordinated systems of
higher education and adjusting institu-
tional programs to changing population
trends and conditions."

This statement applies only to higher
education, but we of the minority feel that
words, as many lawyers in this room know,
are really words of limitation; and they
certainly are words of limitation on the
subject of education.

Several editorials that have appeared re-
cently in newspaper have made reference
to constitutionalizing the status quo, and
indeed this is exactly what would be done
if the Majority Report were adopted; and
so do not judge the interest indicated by
the minority on the subject of education
simply by the quantum of words that are
used. We feel that education is done a
much greater service by a few words and
is given a chance to grow and prosper as
it should.

I think that education probably is the
most rapidly changing field that we now
deal with in public life. A recent quotation
from the Washington Post stated, "Ideas
for reorganizing public education are being
catapulted into the public arena like fire-
works."

We of the minority believe that the State
should be able to avail itself of these new
ideas and adopt those that it feels can be
helpful. We submit that under the ma-
jority proposal this would be well nigh
impossible.

Now, I would like to turn to the specific
language that is used by the majority.
Please understand that in addition to the
unique fact that the Committee Chairman

is not presenting the Majority Report but
has joined the minority, and it is a 7-7-1
situation, there is another unique situation
in respect to this report in that we in the
minority recommend an entirely new sub-
stitute section. Those are the two para-
graphs that appear on the minority report.
Those sections will be offered as the debate
schedule on your desk will indicate, as sub-
stitutions for the majority report.

I would begin where I think the majority
should have begun its report, with a dis-
cussion of equal educational opportunities.
This is certainly the credo of the majority
report. Delegate Wheatley has attempted
to indicate that this clause has no specific
meaning, but should be looked forward to
by the State as largely exhortatory lan-
guage to lead education on; and he made
the specific statement, and I jotted this
down because I must take exception to it,
that this does not mean free tuition to all
people of the State at the higher educa-
tion level and the graduate school level.
This idea was specifically rejected, as he
said, by the Committee and that this was
"the greatest misinterpretation of the Ma-
jority Report".

I would like to read briefly from the Sun-
papers article of November 10 entitled
"Equal Education Pushed in State," and
this appeared the day after this section
was adopted by the majority of the
Committee :

"In a general statement the Committee
adopted language requiring the General
Assembly to provide equal educational
opportunities for all residents of this
State. The Committee members say that
their intent is to insure that all publicly
financed schools, colleges and universi-
ties are equally accessible to all residents
regardless of their economic status. Sup-
porters of the equal opportunity clause
say that it will require the General As-
sembly to enact legislation providing
some form of financial assistance to per-
sons who are poor but academically ca-
pable. Not only will the legislature have
to provide means for poor students to
obtain undergraduate degrees, but the
suggested constitutional provision would
also apply to postgraduate studies, its
supporters insist."

This is a further quote:

"If a child is deprived and does not
have the money, the State will have to
insure that he can continue his studies
according to Delegate Arthur W. Kirk-
land, Prince George's County. This lan-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2517   View pdf image (33K)
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