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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 359   View pdf image (33K)
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SELECTION OF DELEGATES TO A CONSTITUTIONAL CONVENTION

voters.24 Section 12.03 (b) of the
model state constitution provides
for the calling of constitutional conven-
tions and suggests that "delegates shall
be chosen at the next regular election
. . . unless the legislature shall by law
have provided for election of delegates
at the same time that the question is
voted on at a special election."25 Ac-
cording to Graves in state constitu-
tional revision :
"The convention method, based
upon the people's election of dele-
gates for the specific purpose of con-
stitutional revision, carries with it a
sanction and a prestige not found
in other methods. Historically and
legally, the convention is the direct
'voice of the people' in matters affect-
ing general constitutional overhaul."26
24
See also, e.g., J. wheeler, the con-
stitutional convention 32-33 (1961)
where the author discusses the problem of
obtaining a fairly apportioned and representa-
tive convention.
25 national municipal league, model
state constitution 20, 108-109 (6th ed.
1963).
26 W. graves, state constitutional re-
vision 32 (1960). See also Bebout, Recent
Constitutional Writing,
35 tex. L. rev. 1071
(1957).

In recent conventions, the delegates
have all been elected. In the New York
Convention of 1938 there were 168 dele-
gates (15 at large, 3 from each of the 51
senatorial districts), all elected. In the
Missouri Convention of 1943 there were
83 delegates (2 from each of the 34
senatorial districts, 15 at large), all
elected. In the New Jersey Convention
of 1947 there were 81 delegates, all
elected precisely in the same manner as
the joint meeting of the two houses of
the state legislature. In the Hawaiian
Convention of 1950 there were 63 dele-
gates, all elected. In the Alaskan Con-
vention of 1956 there were 55 delegates,
all elected. In the Michigan Con-
vention of 1961-62 there were 144 dele-
gates (1 from each senatorial district
and 1 from each representative district),
all elected.27
It appears that both logic and prece-
dent compel a conclusion that all dele-
gates to a Maryland constitutional con-
vention should be elected from among
the qualified voters of this State.
27
See also constitutional convention
of the territory of hawaii, manual on
state constitutional provisions (1950)
(especially 319).

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 359   View pdf image (33K)
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