We were informed that the amendment
had to take in the entire article. It is not
the intention of the signers of the minority
report that the second sentence of that
amendment be included in the amendment
that is before the group at the present
time.
THE CHAIRMAN: Let me suggest that
we have the amendment reproduced the
way you want it while you are presenting
your report.
I think there will be time enough to do
that.
Is Dr. Phillips on the floor?
DELEGATE GLEASON: Mr. Chairman,
if I could suggest, we could consider this
at the time the amendment is actually
formally before the body, but I did want
everyone to understand that this minority
report does not deal with single-member
districts; it deals with the single proposi-
tion that the size of the legislature shall
be established by law by the legislature,
period.
THE CHAIRMAN: You can present
your report on that basis and I will see
that the amendment is reproduced in the
form you desire.
DELEGATE GLEASON: Thank you,
Mr. Chairman.
THE CHAIRMAN: You may proceed
with the report.
DELEGATE GLEASON: Members of
the Committee of the Whole, we are meet-
ing on this question at this time to decide
a very critical issue, which comes before
us in the background of two facts. One of
those facts relates to the two Supreme
Court decisions, one in 1962, the other in
1964, Baker v. Carr and Reynolds v.
Sims, Those decisions, as all of us know,
require that both houses of the state legis-
lature from those dates forward be appor-
tioned on the basis of population.
The second fact which is in the back-
ground, and of which we are all aware, is
that political scientists all over the country,
students of government, and institutions
which study state government, unanimously
testified to the fact that reform in state
legislatures is critical, and effectiveness of
state legislatures needs overhauling and
revision.
The question that I would suggest we
consider and face today is how we are to
resolve those two facts, first, the necessity
for periodic reapportionment, and second, |
the necessity for making our legislative
arm of the government effective and resolve
them into the right solution.
Two groups, each studying this problem
for a period of two years, came up with a
single solution. One group, which studied
this problem for a period of two months,
came up with four different solutions. The
first of the two groups that I refer to is,
of course, the Constitutional Commission
Report, and I would take the time of this
body to refer to the language that is in-
cluded in that Report, which is found on
page 136 and continues over to page 137.
The Commission said the following:
"The decisions of the U. S. Supreme
Court have made it clear that the United
States Constitution requires that state
legislatures be apportioned according to
population.
"That is pursuant to the one-man, one-
vote rule. Since the relative populations
of the various districts of the state are
constantly changing, any scheme of ap-
portionment must provide for periodic
reapportionment.
"It seems obvious that necessary
changes can more readily be made by
statute than by constitutional amend-
ment. It is for this reason that the Com-
mission recommends that the power over
apportionment and reapportionment be
conferred upon the General Assembly.
"The Commission's Committee on the
Legislative Department recommended that
limitations in the size of both houses be
prescribed in the Constitution. It recom-
mended that after reapportionment, fol-
lowing the 1970 Census, the number of
senators not exceed 43, and the number
of delegates not exceed 150. Other similar
restrictions were discussed by the Com-
mission. After deliberation the Commis-
sion rejected all the suggestions that a
maximum size for either house of the
General Assembly be prescribed. The
optimum size of the House of elected
representatives reflects a delicate balance
between many factors, such as the size
of the population represented, the num-
ber of divergent interests present in the
electorate, the desirable number for effec-
tive debate in a deliberative body, and
other factors.
"The balance between such factors
changes over a period of time."
I think this is a very fundamental con-
sideration for this body today. It continues:
"And the legislature should have the |
