we can argue and agree that they will
establish the militia in the legislature.
There are certain rights provided, such as
the right not to be tried by court martial
unless you are in actual service of the
militia at the time the offense occurred,
among others.
I think these qualifications should be in
the Constitution and not only in the Dec-
laration of Rights, if the General Assembly
establishes a militia. We should have these
rights, and more appropriately in a general
section on the militia. I am in favor of
the section as it has been amended at this
time and opposed to Amendment No. 10.
Moreover, I am ready to tackle 5 through 9
when we get to them.
THE CHAIRMAN: Is there any further
discussion? The Chair recognizes Delegate
Scanlan.
DELEGATE SCANLAN: I have a ques-
tion of the sponsor of the amendment. Is
it your intention by the amendment to
leave it to the legislature to determine the
circumstances under which the governor
may call out the militia or to give the
governor this power when in his judgment
it is necessary? Or is it your intention to
leave it to a combination, the legislature
designating certain occasions and the ex-
ecutive having inherent right to call out
the militia on other occasions, and if so, on
what occasions?
THE CHAIRMAN: Delegate Fox.
DELEGATE FOX: I believe that the
legislature would pass the necessary en-
abling act so that we would have a state
militia and in that act I think it would set
up the conditions under which and by whom
the militia be called out. I believe it should
be left to the legislature.
The United States Constitution says
simply that the President shall be the com-
mander-in-chief of the Army and that the
Congress shall have the power to raise an
Army and Navy and that is about all it
says.
I do not see any reason we should get
into greater detail in the Maryland Con-
stitution than the federal Constitution does.
THE CHAIRMAN: Delegate Wheatley.
DELEGATE WHEATLEY: I rise in op-
position to the amendment. I think Dele-
gate Fox pointed out well that the fed-
eral Constitution is very brief in this
regard. However, I would suggest that this
is a dangerous precedent to establish for
adopting or rejecting a given proposal. |
If we follow this pattern, we would
make no provision at all for our courts
other than to say that the General As-
sembly may from time to time provide for
a court system. We might carry this rea-
soning a step further into the field of
local government and say that the General
Assembly from time to time shall provide
for local government.
I suggest that the reasons advanced by
Delegate Schneider are much more apropos.
We are structuring or attempting to struc-
ture the circumstances under which the
governor may exercise this power and say-
ing that he is the one to exercise it. I have
been told that in other states the governor
might have abused this power. I am sure
it is possible in this State. I have been
told that in other states the General As-
sembly might have abused this power and
I am certain that this is possible in this
State.
For that reason, I think we have an
obligation to provide a structure just to
give guidance although without being domi-
neering.
I would also suggest that the reasons ad-
vanced by Delegate Schneider are very
meaningful, that is that this proposal firmly
establish that the military be under the
control of the civilian population. Finally,
I think it is very important to spell out in
some broad detail, if I might use that con-
tradiction, what the rights of civilians and
military personnel are when it comes to
judicial proceedings.
For that reason, I urge the adoption of
this amendment.
THE CHAIRMAN: Is there any further
discussion? Delegate Pullen. Delegate
Wheatley.
DELEGATE WHEATLEY: I would like
to correct my last statement for the rec-
ord, if nothing else. That is to say that 1
very strongly urge that we defeat the pro-
posed amendment.
THE CHAIRMAN: Delegate Pullen.
DELEGATE PULLEN: Mr. Chairman,
I think this is a very important matter
and I am a little concerned that we are
moving away from the real purpose of the
militia. It is true, sir, that the federal Con-
stitution speaks but little of the establish-
ment of the armed forces. However, I re-
spectfully call attention to the fact that
the President of the United States on more
than one occasion has sent troops into
places like Greece, Lebanon, and Vietnam |
