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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2629   View pdf image (33K)
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[Dec. 19] DEBATES 2629

DELEGATE GRANT: In this case, since
it is a non-political office, you would not
have to be concerned with meeting that
qualification.

THE CHAIRMAN: Is there any further
discussion?

Delegate Byrnes.

DELEGATE BYRNES: There has been
some concern expressed concerning the
plenary power of the General Assembly
over local officials, and Delegate Grant has
indicated to me privately that he would
accept an amendment which we might
interlineate at this point, if you would.

THE CHAIRMAN: What is the sugges-
tion?

DELEGATE BYRNES: In line 6, after
"constitution," add "or in the laws or in-
struments of government of counties or
municipal corporations,".

THE CHAIRMAN: Delegate Grant,
would you accept the suggested amend-
ment?

DELEGATE GRANT: Yes, I would.

THE CHAIRMAN: Is there any objec-
tion to considering the amendment modified
by inserting, after the comma in line 6 the
words "or in the laws or instruments of
government of counties or municipal cor-
porations"?

(TJicrc was no response.)

THE CHAIRMAN: There being no ob-
jection, the amendment will be so modified.

Delegate Carson.

DELEGATE CARSON: Mr. Chairman,
those words are not all inclusive. I think
the phraseology desired would be "units
of local government", and I would like to
know whether Delegate Grant would ac-
cept that in place of what was read.

THE CHAIRMAN: The words "units of
local government" in place of all that was
read?

DELEGATE CARSON: In place of the
words "counties or municipal corporations".

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: I assume you
mean the instrument of government of
local units of government. Yes, that would
be acceptable.

THE CHAIRMAN: Is there any objec-
tion to considering the amendment modified

in the following manner instead of the
manner previously indicated by inserting
after the comma in line G the words "or
in the laws or instruments of government"
— was it "a unit of government"?

DELEGATE CARSON: "Any unit of
local government" I think would take care
of it.

THE CHAIRMAN: Is there any objec-
tion to modifying the amendment by in-
serting after the comma in line 6 the
words "or in the laws or instruments of
any unit of local government,"?

Delegate Bennett.

DELEGATE BENNETT: Mr. Chair-
man, I am afraid I will have to object. This
is getting confusing.

THE CHAIRMAN: Very well, there is
nothing more needed than the statement
of the objection. The amendment cannot be
received unless printed.

Delegate Wheatley?

DELEGATE WHEATLEY: Mr. Chair-
man, I have a further question of Delegate
Grant if he will yield at this time.

THE CHAIRMAN: Delegate Grant, do
you yield for a further question?

DELEGATE GRANT: Yes, sir.
THE CHAIRMAN: Delegate Wheatley.

DELEGATE WHEATLEY: You made
some lengthy statement about judicial re-
view.

Would this be limited to action by the
General Assembly that was arbitrary,
capricious, or insufficient evidence? I am
not quite sure how the judiciary would re-
view the General Assembly unless it would
be the same as reviewing a statute.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: The judicial re-
view would include such method of review,
with such jurisdiction, as the General As-
sembly would prescribe by law in the same
manner they prescribe jurisdiction for any
of their present courts, such as the Su-
perior or District Court. They would pre-
scribe the jurisdiction of the review. They
may have original jurisdiction, however
they want to do it, if there is an enabling
act to name them to impose on the judiciary
the duties of making the review of their
investigation.

THE CHAIRMAN: One more question,
Delegate Wheatley.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2629   View pdf image (33K)
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