clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2595   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

[Dec. 19] DEBATES 2595

constitution to the people, that it is now
all the more important that you support
the proposition that the people by petition
should have the right to call together a
constitutional convention.

I submit that the General Assembly in
its self-interest, as in the past apparently,
may not want to call a constitutional con-
vention. Why then should not the governor
have the right to do so? By the same token,
why should the governor have the veto
power to reject the calling of a constitu-
tional convention if we otherwise state the
General Assembly may call one by law?

THE CHAIRMAN: You have three min-
utes including time for questions, Delegate
Needle.

DELEGATE NEEDLE: As Delegate
Boyer has pointed out, GP-8 varies from
the commission draft in that it increases
the time, the duration in which the ques-
tion shall be placed on the ballot from
twenty to twenty-five years. I would prefer
to see that duration even shortened. Mary-
land is now one of the few states that has
such a long period of time but I would
like at least to return it to the .twenty-
year provision as recommended by the Con-
stitutional Convention Commission.

It may be desirable to impose an outside
date at which a constitutional convention
must convene if none of the provisions
provided for the calling of one prior to
that are utilized. Such a date would nec-
essarily be arbitrary but I submit fifty
years is reasonable under the circum-
stances.

I also suggest that it is advisable to
convene a convention two years after call
by whatever means in order to give a com-
mission an adequate chance to do its work.
Our commission did a marvelous job. I do
not think anybody would disagree with
that. But it was short on time, having
two years in which to do it.

I will direct more detailed comments to
each amendment as it is voted on.

THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendments?
The Chair hears none. If you will return
to your chair, we will take up considera-
tion of each amendment.

The first amendment to be considered
will be Amendment B. It will be Amend-
ment No. 1. The Clerk will read the
amendment.

READING CLERK: Amendment No. 1
to Committee Recommendation GP-8, by
Delegates Needle, Hardwicke and Sollins:

On page 1 in line 5 after the word "As-
sembly" add the following words: "or the
governor".

THE CHAIRMAN: The amendment hav-
ing been submitted by Delegate Needle
and seconded by Delegates Hardwicke and
Sollins, the Chair recognizes Delegate
Needle.

DELEGATE NEEDLE: Mr. Chairman,
as I just mentioned, I think there is good
reason for permitting either policy-making
branch of our government to call a con-
stitutional convention. Apparently the Gen-
eral Provisions Committee has recognized
this insofar as the General Assembly is
concerned. I can see reasons why the Gen-
eral Assembly might not desire to call a
constitutional convention and therefore I
feel that the governor should likewise have
the right to call a constitutional convention
when he thinks one might be advisable or
necessary.

Note that the right to call a constitu-
tional convention would not be delegable
to a lieutenant governor as this is specifi-
cally prescribed to the governor in this
constitution.

The recommendations accepted in the
Executive Committee's report would not
permit this to be one of the delegable re-
sponsibilities to the lieutenant governor.

I did not specify in my amendment nor
did the General Provisions Committee, the
manner in which a constitutional conven-
tion could be called by the General Assem-
bly. I would suggest that it be by a con-
stitutional majority of both houses but I
do not think that has to be stated.

THE CHAIRMAN: Delegate Boyer.

DELEGATE BOYER: Mr. Chairman,
these amendments are coming too fast. I
cannot keep up with them.

May I suggest in answering just the one
on Amendment B it would be my humble
opinion this should be rejected. First of all,
I think that probably it would make for
bad language in the Style Committee if
we merely adopted Amendment B without
considering also Amendment C. It is in-
conceivable that the intention was that the
General Assembly or the governor may by
law call a convention because obviously the
governor cannot make law in this field.

I would suggest that in Delegate Needle's
statement that this should be left to either
branch of the policy-making departments of
the government, this might be an erroneous
assumption.



 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2595   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives