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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3036   View pdf image (33K)
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3036 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 2]

sumptious as to deny them a method of
amending their own constitution.

T,he safeguards which are provided for
in this amendment are good. These provi-
sions are in effect in many states of our
Union. The framers of our federal Consti-
tution provided several avenues for amend-
ing the constitution, for the calling of a
convention, which we are familiar with.
Certainly there have been times in the his-
tory of Maryland when the General As-
sembly, the chosen representatives of the
people, have refused to act in the best in-
terest of the people. And we do not have to
look back very far to find examples of this.

Had this provision been in the present
Constitution, we could probably have had
reapportionment of our General Assembly
about ten years sooner. We are all familiar
with the refusal of the General Assembly
to call a constitutional convention for many
many years, and I would think that this is
little enough to do for the people of this
State, to give them an alternative, a way
to bypass their General Assembly if the
need arises. I urge you as strongly as I
can to support this amendment.

DELEGATE JAMES (presiding): Does
anyone wish to speak against the amend-
ment?

Delegate Chabot.

DELEGATE CHABOT: Mr. President, if
this body adopts this amendment, then we
will have created an inconsistency far more
serious than many of the others we have
already adopted.

We have turned down an effort to have
an initiative procedure for the adoption of
legislation. When we have the initiative for
legislation, if things go through that ought
not have gone through, at least the Gen-
eral Assembly is there to provide an amend-
ment, a correction, and if the people do not
like that correction, that correction can be
petitioned to referendum.

Here, if something goes through, and the
number of signatures required is no greater
than that which was proposed for initiating
legislation, say ten percent, and if an
amendment goes through that ought not
have gone through or that ought not have
gone through in that particular form, the
General Assembly is powerless to make
any change unless it goes through what
we have deliberately intended to be a cum-
bersome method of amending the constitu-
tion.

I suggest that for that substantive rea-
son we ought not to approve this amend-
ment.

There is another, you might say, techni-
cal reason. There is no indication in this
as to the period of time during which these
signatures must be gathered. It is true,
there is no indication with regard to ref-
erendum at the present time but, as a
practical matter, the signatures cannot be
gathered until after the bill becomes law,
so we have a 60 day period.

Presumably if this amendment before us
is adopted, we can have a group that can
proceed over a period of many years to
gather signatures, and finally to come up
with a petition signed by many people who
are no longer alive or who no longer live
in the State, or for some other reason are
not registered voters, and nevertheless that
thing is going to go before the voters.

I suggest that we do not adopt this
amendment.

DELEGATE JAMES (presiding): Does
anyone wish to speak in favor?

Delegate Scanlan.

DELEGATE SCANLAN: I believe the
matter has been debated fully and fairly
on both side. I move the previous question?

DELEGATE JAMES (presiding): All in
favor, say Aye; opposed, No.

The Ayes have it. The Clerk will ring the
quorum bell.

The members will record their votes.
Has everyone recorded his vote?
The Clerk will record the vote.

There being 41 votes in the affirmative
and 74 votes in the negative the amend-
ment fails for want of a majority.

The Chair would like to recognize Presi-
dent Eney.

(President H. Vernon Ency resumed the
Chair.)

THE PRESIDENT: The Chair recog-
nizes Delegate Powers.

DELEGATE POWERS: Mr. President,
I move the adoption of today's Calendar
and Agenda.

THE PRESIDENT: Is there a second?
(Whereupon the motion was seconded.)

THE PRESIDENT: All those in favor,
signify by saying Aye; contrary, No. The
Ayes have it. It is so ordered.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3036   View pdf image (33K)
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