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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 407   View pdf image (33K)
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[Nov. 7] DEBATES 407
section 3.0I would still be open to further
amendment. There is no provision in the
debate schedule limiting time on such
further amendments—because the Chair-
man of Calendar and Agenda has not been
advised of any further amendments. Ac-
cordingly, there is no limitation of debate
on such further amendments, except the
general limitation of five minutes per
speaker. After section 3.01 is considered,
we reach section 3.04, and the same pro-
cedure will be followed, except that in this
instance, there are three minority reports.
The consideration of these reports under
strict parliamentary procedure, such as
was followed yesterday in connection with
the motion to adjourn the Convention
would, I fear, result in a great deal of
misunderstanding because, for instance, if
at the time of the first minority report on
section 3.04 the amendment were to change
the size of the General Assembly to the
40-80 combination, and that were sub-
mitted, secondary amendments to the com-
mittee recommendation would be in order,
and could be considered. However, if a
secondary amendment to the committee
recommendation were acted upon and
adopted, the question would then arise on
the minority report 40-80 to substitute for
the committee recommendation as amended.
If the Committee of the Whole should
adopt that amendment, you would then not
have the opportunity to further debate the
other alternatives with respect to that
section because the Committee of the Whole
would have acted and would preclude any
further internal amendments, except with
respect to amendments that would encom-
pass more than the numerals 48.
I think this could lead to considerable
misunderstanding and a failure to present
to the Committee of the Whole all of the
alternatives offered by the minority report.
Accordingly, the Chair will follow the pro-
cedure, which is not strictly in accordance
with technical rules of parliamentary pro-
cedure, but I believe is justified, of taking
each minority report successively, regard-
less of the action taken by the Committee
of the Whole on the previous one, and in
addition, considering any other amendments
dealing with the same subject, after a con-
sideration of the three minority reports.
This procedure could result in the Commit-
tee of the Whole wasting time, debating,
alternate procedures, when a majority of
the Committee clearly wants it earlier,
but I think as a procedure to follow until
we see just what kind of amendments de-
velop, it will be preferable to following
the strict procedure that would have us
involved in secondary amendments to
amendments, et cetera. Accordingly, I
simply want to announce to you that in
connection with the debate schedule now
before you, keep in mind the two things 1
have mentioned: first, the debate schedule,
other than the five-minute limitation on
debate, covers only the matters mentioned
therein, and second, in the case of suc-
cessive amendments to the same section,
we will treat them successively and not be
concerned with whether they are primary
or secondary amendments.
Is there any discussion? Delegate Glea-
son?
DELEGATE GLEASON: Mr. President,
I would like to make a correction in the
debate schedule, on page 2, if you will.
The minority report under the controlled
time will be under the control of Delegate
Bard, rather than Delegate Gleason.
THE PRESIDENT: Will the Chairman
of the Committee on Calendar and Agenda
make the amendment to the debate sched-
ule ? As I understand it, it is under section
3.12. The control of the time for the pre-
sentation of the minority report will be by
Delegate Bard and not Delegate Gleason.
DELEGATE POWERS: The debate
schedule will be amended to reflect that
change.
THE PRESIDENT: Is there any further
discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
Delegate Bamberger.
DELEGATE BAMBERGER: I should
like to address an inquiry to the Chairman
of the Committee on Calendar and Agenda.
THE PRESIDENT: You may do so.
DELEGATE BAMBERGER: Mr. Chair-
man, in the uncontrolled time which fol-
lows the discussion by the spokesman for
the minority reports or the chairmen on
the various sections, may a Delegate speak
to either a majority report or a minority
report without offering an amendment to
either of those reports?
DELEGATE POWERS: The answer to
that is yes, he may, subject to a limitation
of three minutes. He may speak favorably
or unfavorably on the matter immediately
before the Convention.


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 407   View pdf image (33K)
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