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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 1184   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS

higher education, should have a degree
of autonomy. The question is whether
this should be statutory or if it should be
recognized in the Constitution of the
State of Maryland.

I believe strongly that it is in the best
interest of higher education generally,
and the University particularly, to have
a degree of autonomy recognized in the
Constitution, because this would give the
best protection against excessive inter-
ference from political or other special
interests. I would like to give you a little
detailed information about the experi-
ence of the State of Michigan with
higher education since 1817, which was
the date of the founding of the Univer-
sity of Michigan.

From the establishment of the Univer-
sity of Michigan (one of the finest public
state universities) until 1850 the institu-
tion was not protected by any constitu-
tional provision guaranteeing a degree of
autonomy. The experience during these
years of legislative and political interfer-
ence with the affairs of the University led
the members of the Constitutional Con-
vention of 1850 to give that institution
constitutional protection by establishing
a board of regents, providing for the
terms of office and election, and giving
the board all power over the internal
affairs of the University. I believe that
it is generally conceded that this action
proved to be a wise one, as the Univer-
sity began to develop into a great institu-
tion.

Michigan Agricultural College, now
Michigan State University (with approx-
imately 40,000 students) was established
in 1855 under a constitutional provision,
but this did not grant constitutional au-
tonomy. Its experience from that date
until 1908, as contrasted with the experi-
ence of the University of Michigan in the
same period, inclined the Constitutional

1184

Convention of 1908 to give Michigan
Agricultural College the same autonomy
which had been given to the University
of Michigan a half century earlier. The
results of the application of the principle
of constitutional autonomy for institu-
tions of higher education in Michigan
seemed good to the members of the Con-
vention who wrote the states' constitu-
tion which was adopted in 1963. A
degree of autonomy was guaranteed in
that constitution to all public institutions
of higher education which have the
authority to grant baccalaureate degrees.

The experience in the State of Michi-
gan indicates that higher education pros-
pers under constitutional protection.
Certainly, this has been true in the State
of California which probably has the
best system of higher education in the
United States. Other institutions which
have been given some degree of auton-
omy in the constitution have found it to
be a great advantage.

I am not suggesting that the Univer-
sity of Maryland, or any other public
university, should be independent of the
Legislature. It could not be, for the
Legislature will continue to appropriate
monies to help to maintain the Univer-
sity, and the Legislature has every right
to be given an annual accounting of the
income and expenditure of the institu-
tion. It also has a right to be given an
accounting of the management, but the
members of the governing board of the
University (and perhaps those of other
public degree-granting institutions in the
State) should have the general super-
vision of the institution and the control
and direction of expenditures from the
institutions' funds.

This would provide some real assur-
ance that the institution would not be
influenced by political and special in-
terests so far as the internal operation is

 

 

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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 1184   View pdf image (33K)
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