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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3144   View pdf image (33K)
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3144 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 3]

are providing something more than a ma-
jority vote of their General Assembly. I
would like to see our constitution contain
a similar provision.

THE PRESIDENT: Do you yield to a
question by Delegate Case?

DELEGATE JOHNSON: Yes, sir.
THE PRESIDENT: Delegate Case.

DELEGATE CASE: Delegate Johnson,
your amendment strikes out the words "by
law". I was under the impression the way
section 1.03 stands the law which, of
course, would be passed in the usual way
would be subject to the governor's approval
or veto. It would be returned to the Gen-
eral Assembly and thereafter subject to the
various provisions of the Constitution deal-
ing with vetoed bills.

You have struck out the words "by law",
and you inserted "by the affirmative vote
of three-fifths of all the members of each
House". It seems to me you are changing
much more than you indicated you seek to
change.

DELEGATE JOHNSON: The answer is
no. The only reasons that the words "by
law" were deleted was because the draft-
ing department of this Constitutional Con-
vention indicated to me that they did not
think the words were absolutely necessary
since in their opinion that was the only way
that the General Assembly could act on
this matter.

I made it clear that we intend it to be
by law and subject to gubernatorial veto.
The words can remain. The drafting de-
partment drafted it in that fashion, and
if it will be clearer, then let us take the
amendment with the words "by law" in it.

THE PRESIDENT: Delegate Case.

DELEGATE CASE: I think it would be
helpful if you would indicate that the
amendment would be further amended. Of
course, the General Assembly could cause
things to be done and could certainly cause
the calling of a convention. As I said
earlier, the action would not be subject to
gubernatorial veto.

THE PRESIDENT: Do you desire to
make such a modification, Delegate
Johnson?

DELEGATE JOHNSON: Yes, I do. I
would like to indicate that the words "by
law" do not appear in section 10.02. I
honestly do not believe that the General
Assembly can act in any other way in this
particular area other than by law, but if

it will clear up any misunderstanding, let
us change the amendment so that the words
"by law" are not deleted, and let Style and
Drafting, when they take it up, decide
whether the words should remain and
whether or not that is consistent or incon-
sistent with section 10.02.

THE PRESIDENT: The Chair has sug-
gested in order to accomplish that you
might modify your amendment. On line 2
strike out the words "strike out" and in-
sert the word "after" and in line 3 strike
out the words "and in the same line" after
the word and in line 4 strike out "may"
and in line 6 after the comma insert the
word "enacted". If this were done, the
section as modified would read "The Gen-
eral Assembly by law enacted by the affirm-
ative vote of three-fifths of all the members
of each house" and so forth.

Is that what you desire?
DELEGATE JOHNSON: I so move.

THE PRESIDENT: Is there any ob-
jection?

(There was no response.)
If not, the amendment is so modified.
Delegate Beatrice Miller.

DELEGATE B. MILLER: I would like
to ask Delegate Johnson a question, if I
may.

THE PRESIDENT: He has used all his
time and spoken twice. Is there any objec-
tion to Delegate Johnson taking the floor
the third time?

(There was no response.)

The Chair hears none. Delegate Johnson,
do you take the floor to yield to a question?

DELEGATE JOHNSON: Yes, sir.
THE PRESIDENT: Delegate Miller.

DELEGATE B. MILLER: Do I under-
stand you think the General Assembly can
submit this question and they can do this
by that majority vote?

DELEGATE JOHNSON: Yes, that was
my understanding.

THE PRESIDENT: Delegate Miller.

DELEGATE B. MILLER: Could there
be either a clear understanding that this
would be added by Style and Drafting or
you would add it to your amendment so
that it would read "or by majority vote
may submit the question"?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3144   View pdf image (33K)
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