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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3109   View pdf image (33K)
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[Jan. 3] DEBATES 3109

THE PRESIDENT: The amendment is
submitted by Delegate Grant, and sec-
onded by Delegate Byrnes.

The Chair recognizes Delegate Grant.

DELEGATE GRANT: This amendment
probably deals with the longest section of
the constitution which starts on line 45 on
page 8, and runs to line 12 on page 9. It
deals with some eight different subjects.
The effect of the amendment is to simply
do what was done in one of the earlier
drafts of this, and that is to put in the
numbers 1 to 8 before the eight different
subjects.

This section as indicated by the amount
of debate, and also by the remarks of the
President, is probably going to become one
of the most referred to sections in the
constitution since it contains the authority
for the legislature to act by other than
general public laws in certain specified
areas.

As such, you will have to refer to cer-
tain exceptions. Rather than having to
spell the section out in detail, they can
simply refer to exception 1, exception 3,
exception 5, and so forth. It will make the
section much easier to understand in the
future.

I think it would even make it easier to
understand the debate at this time. I hope
that the Convention will go along and
adopt this amendment.

THE PRESIDENT: Delegate Penni-
man.

DELEGATE PENNIMAN: I do not
have any strong feelings on this matter.
I do point out that in Article I, Section 8
of the United States Constitution, there is
a listing of eighteen grants of power to
the Congress of the United States, and we
have managed to get by with that even
without a number.

However, I do not personally strongly
object to the numbering, if it would sim-
plify it for my friends among the lawyers.
After last night's discussion anything that
will simplify the matter for them seems to
me would be well worth doing.

THE PRESIDENT: Is there any other
discussion?

Delegate Gallagher, do you have any
comment?

Are you ready for the question? The
Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 17. A vote Aye is a vote

in favor of the amendment, a vote No is a
vote against.

Cast your vote.

Has every delegate voted? Does any
delegate desire to change his vote?

The Clerk will record the vote.

There being 82 votes in the affirmative,
and 8 in the negative, the motion is carried,
and the amendment is adopted.

The next amendment is Amendment 18.
Will the pages please distribute Amend-
ment Y. Y for Yoke.

Delegates Clagett and Case and Moser,
will you join me in the office for just a
few moments, please?

(At this point, Second Vice-President
William James assumed the Chair.)

DELEGATE JAMES (presiding):
Amendment No. 18, designated as "Y";
does everyone have a copy of the amend-
ment designated as "Y"? Will the pages
please distribute the amendment.

The Clerk will read Amendment No. 18.

READING CLERK: Amendment No. 18
to Committee Recommendations GP-1, LB-
2, LB-3 as amended by Style Committee
Report S&E-16 by Delegates Boyles and
Fox:

On page 9, section 3.23, General Appli-
cation of Laws, in line 19 after the word
"is" add the words: "or can be made".

DELEGATE JAMES (presiding): The
Chair has not had a chance to look at these
in advance.

Delegate Fox.

DELEGATE FOX: This is Delegate
Boyles' amendment, but he asked me in
his absence this morning to introduce it
for him, and to say a word of explanation
in regard to it.

I see no reason why this section that
we are dealing with now should be con-
fusing. I am afraid some people would
rather be confused than not. It is merely
designed to prevent the General Assembly
from indulging in the practice of enacting
laws for each county on the county by
county basis.

The idea behind this is that the General
Assembly shall be restricted to enacting
general laws which are uniform through-
out the State, and allow the counties under
the home rule given to them to run their
own show, and enact their local laws.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3109   View pdf image (33K)
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