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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2596   View pdf image (33K)
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2596 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 19]

In recent times, contrary to what the in-
tention is in separation of powers, we al-
most have three policy-making branches of
government including the judicial. I am
sure that on equal terms we certainly could
not include the judicial branch and allow
them to have the right to call a convention.

I think that taking this direct responsi-
bility away from the General Assembly
indicates a sad distrust in the General
Assembly, the elective representatives of
the people, who probably are more respon-
sive to the people's wishes than perhaps
the executive department whose function
is to enforce the laws that are made by
the legislative branch.

I would respectfully suggest for these
and many other reasons that Amendment
B be rejected and allow to the elected rep-
resentatives of the people the right to call
a constitutional convention.

THE CHAIRMAN: Is there any further
discussion? Delegate Hardwicke.

DELEGATE HARDWICKE: Mr. Chair-
man, in support of the amendment, let me
say that the whole purpose of these series
of amendments is to make it easy for this
State to have a constitutional convention. I
think all of us are aware that beginning
about 1916 the old Constitution was getting
a little bit creaky, as it were, and yet it
took us fifty years to get a constitutional
convention.

We feel that not only should this thing
be in the hands of the General Assembly,
we submit that it ought to be in the hands
of the governor and also the people. If
you vote for this amendment, you are going
to create one manner in which it will be
easy to get a constitutional convention. We
will ask for the power to the governor.

THE CHAIRMAN: Is there any further
discussion?

(There was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 1 to Committee Recom-
mendation GP-8.

A vote Aye is a vote in favor of Amend-
ment No. 1. A vote No is a vote against.
Cast your votes. Has every delegate voted ?
Does any delegate desire to change his
vote?

(There was no response.)

The Clerk will record the vote.

T.here being 26 votes in the affirmative
and 83 in the negative, the motion is lost.
The amendment is rejected.

Delegate Needle, I take it in view of that
vote you do not desire to offer your Amend-
ment C.

DELEGATE NEEDLE: Mr. Chairman, I
think it would be appropriate to offer
Amendment C.

THE CHAIRMAN: Delegate Needle,
what did you start to say?

DELEGATE NEEDLE: I think everyone
has it before them and I can make a very
brief presentation.

THE CHAIRMAN: I wonder if you want
to do this because if you left out the words
"by law" this would under the rules that
the Committee on Style has been following
mean the General Assembly could act by
resolution. I assume you mean they could
act only by law.

DELEGATE NEEDLE: I do not want
for the governor to have a veto power over
the holding of a constitutional convention.
That's my purpose in offering this amend-
ment.

THE CHAIRMAN: Very well.
Delegate Needle.

DELEGATE NEEDLE: I just stated the
very reason for offering the amendment. I
do not think any further elaboration is
really necessary.

I simply foresee the possibility that the
governor may not want the calling of a
constitutional convention in order to obvi-
ate the possible executive reorganization and
I do not think he should have that right.

THE CHAIRMAN: Very well. Amend-
ment C will be Amendment No. 2. The
Clerk will read the amendment.

READING CLERK: Amendment No. 2 to
Committee Recommendation GP-8, by Dele-
gates Needle, Hardwicke and Sollins:

On page 1 in line 5 strike out the words
"by law".

THE CHAIRMAN: The amendment hav-
ing been submitted by Delegates Needle,
Hardwicke and Sollins, the Chair recog-
nizes Delegate Needle. Did you have any
further comment to make, Delegate Needle?

DELEGATE NEEDLE: No.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2596   View pdf image (33K)
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