|
provision should be settled once and for
all and we therefore included it in this
GP-8.
This recommendation involves substan-
tially the same things as the Alaska Con-
stitution, and it permits, the way we have
presented it to you for your consideration,
the immediate legislative reaction to emer-
gency situations.
There is one change in it we made that
was contrary to the Commission draft rec-
ommendation. That was that we change
the term for calling the convention from
twenty years to twenty-five years. I can
see there is nothing magical about either
twenty-five or twenty. There were some
recommendations in the committee, num-
bers again, changing it from forty back
to ten, we finally decided on twenty-five
years.
Number one, we found there was a simi-
lar provision contained in eleven state con-
stitutions including three more recently
adopted. That would be 'Alaska, Hawaii and
Michigan. We felt there were arguments
for the twenty-five year mandatory sub-
mission.
First, that there would be greater trust
placed in the properly apportioned and
more responsible legislature.
Second, we felt that the elimination of
the objectionable peculiarity from the
constitution would render the constitution
more stable and decrease the need for re-
vision. One prime example of that, of
course, is the United States Constitution.
Third, we felt that pressure may be
exerted upon the legislature to call for
the convention.
Fourth, we felt the constitution should
not be fundamentally revised to reflect
changes in political power over a shorter
period of time.
Fifth, we felt the proper implementation
of the constitution does require several
years preparation and enactment.
Sixth, we felt that the liberal amend-
ment policy we just adopted furthei de-
creases the need for an over-all revision
on an earlier time basis.
Seventh, we felt that the requirement
that only a majority voting on the question
may effect the amendment or require a
Constitutional Convention, avoids frustra-
tion in obtaining the convention which
Maryland has suffered in the past starting
in 1931.
|
Lastly, we felt that the argument for
twenty-five year mandatory submission
would add to the necessity of requiring the
convention within one year from the man-
date of the voters and it avoids the possi-
bility of frustration through legislative de-
lay or refusal to implement the people's
mandate.
Mr. Chairman, we give to the Committee
of the Whole for their consideration Rec-
ommendation GP-8.
THE CHAIRMAN: Are there any ques-
tions of the Committee Chairman?
Delegate Ritter.
DELEGATE RITTER: Mr. Chairman, I
think the sheets we have in our book are
not complete.
THE CHAIRMAN: I am trying to find
out. Some of the copies are printed on two
sheets, some are printed on the front sheet
and the reverse side. If you have a sheet
which has no printing on the reverse side,
you have an incomplete recommendation.
There should be a page two. Look and see
if you have a separate page two.
DELEGATE RITTER: Nobody back here
has page two. You will have additional
copies right away.
DELEGATE BOYER: I have two or
three different copies on blue paper, one
of which says .that this recommendation
covers Delegate Proposal No. 9 and 390. I
would appreciate your consent to delete
or rub out No. 9 and in place substitute
No. 11.
THE CHAIRMAN: Are there any fur-
ther questions of the Committee Chairman
while we are waiting for the corrected
copies? Delegate Mentzer.
DELEGATE MENTZER: Delegate Boyer,
in line 22 and 23, I notice you have the
legislature shall provide for the filling of
vacancies in the position of delegate. Is
this a change over what we are operating
under now? Is that true? If so, was there
a particular reason for it?
DELEGATE BOYER: The enabling leg-
islation that created the Convention under
which we are operating allowed the gov-
ernor, if there had been a vacancy prior to
the convening of the Convention September
12, to fill that vacancy. After the conven-
tion convenes and becomes an organic body,
the convention itself would have the right
to fill that vacancy.
What we have recommended here was
taken from several other state constitu-
|