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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 7   View pdf image (33K)
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[July 11] DEBATES 7
Convention prematurely. As you know, a
motion to adjourn sine die must not be
debatable; so we proposed in this rule that
if anybody planned such a motion, he
would have to give forty-eight hours' notice
to the delegates, and it could only be car-
ried by an affirmative vote of a majority
of all the delegates to the Convention,
namely seventy-two.
We have liberalized the motion for re-
consideration somewhat, especially in favor
of the Committee on Style, because there
will come a time in the Convention in the
late days when the Committee on Style
will be picking up conflicting provisions,
and it will absolutely have to go back and
reconsider things. The Committee on Style
would, therefore, have the privilege any
time, upon proper notice and recognition by
the Chair, of asking for reconsideration of
the matter.
Finally, I think it is important to call
your attention to the proposals for the
Committee of the Whole. This device is
not used in all deliberative assemblies. It
is a very helpful device permitting free
debate. The usual restrictions on debate do
not apply to the Committee of the Whole.
The previous question cannot be called for,
and it is contemplated in the Committee of
the Whole that the issues of the Conven-
tion will really be thrashed out, to find out
how people are really feeling about the
fundamental issues which the Convention
will be facing.
I think the only danger of the Committee
of the Whole is it can be used as a fili-
buster device, I again refer to the point we
made, that we hope there will be written
into the rules a limitation on debate in the
Committee of the Whole. New Jersey had
a similar limitation in 1947 that provided
that any delegate or the chairman of the
substantive committee could move that a
time be fixed for the consideration of any
proposal; that is, one side would get an
hour, and the other side would get an hour.
It may be there are other ways to do it.
I do think there is one place where the
rules will have to be changed, and as l
indicated earlier, it was the feeling of the
Committee that this change should be made.
There is an error on page 21, the only
error that our otherwise competent re-
porters, Dr. Everstine and Mr. Brooks
made. It was very understandable. They
had the right figure of an earlier amend-
ment superseded, but it stayed in. Rule 64
[68] now reads improperly; that is that
these rules may be amended by the affirm-
ative vote of three-fifths. It was the inten-
tion of the Committee to provide for
amendment of the rules by the affirmative
vote of a majority of all the delegates to
the Convention. Any member of the Com-
mittee is free to differ, but it will be in
the adoption of the report, which I will
move in a second that instead of three-
fifths, the majority, may amend the rules.
I think all of you have had some time
to go over this. Mr. Chairman, at this time,
I would move the adoption of the unani-
mous report of the Committee on Rules,
and that the rules proposed in that report
be adopted by this Convention as the rules
under which you will operate henceforth
unless amended or suspended.
THE CHAIRMAN: The delegate from
Montgomery County, Mr. Scanlan, has
moved that the rules as proposed by the
Temporary Rules Committee be adopted.
The Chair recognizes Delegate Weidemeyer.
DELEGATE WEIDEMEYER: Mr. Pres-
ident, a point of inquiry. On that motion,
and if these rules are adopted, are they
still open to further amendment today?
THE CHAIRMAN: Well, the Chair
thinks that the matter of amendment should
be considered before adoption of the rules.
The report is on the desk, and the motion
to adopt them is made. The matter is open
for amendment. It seems to me that we
should consider the amendments and then
adopt the rules as presented or as amended
by vote.
DELEGATE WEIDEMEYER: Mr. Pres-
ident, in regard to the matter of nomina-
tion and election of officers, I now offer an
amendment.
THE CHAIRMAN: We will receive the
delegate's amendment, I would like to ask
each delegate to give his name, for the
purpose of informing the reporter, who is
speaking.
DELEGATE WEIDEMEYER: Delegate
Weidemeyer of Anne Arundel County.
THE CHAIRMAN: The rules are open
to amendment. We will consider the amend-
ments, vote them up or down and then
either adopt the original report or the re-
port as amended. The Chair recognizes
Delegate Malkus. For what purpose does
the delegate rise?
DELEGATE MALKUS: Upon a point of
inquiry, Mr. President pro tem. As I under-
stand it, you wanted to vote now on the
amendment to the amendment to the rule
proposed by Delegate Weidemeyer.


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 7   View pdf image (33K)
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