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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 970   View pdf image (33K)
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49

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too much. It seems mandatory home rule is simply that

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the local governments have home rule and it way take one

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of many forms. You restrict it to two forms, charpter or

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code home rule. I would like to get away from these res-

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trictive Maryland terras and broaden it out somewhat.

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THE CHAIRMAN: Failing to adopt one form or

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another, then an optional plan drafted by the Legislature

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and made a part would then go into effect in that county

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which had failed to act. So all counties would eventually

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end up with some form of home rule.

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DEAN FORDHAM: You see, Mr. Chairman, when you

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talk about home rule, you are talking about something that

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is highly amorphous, no universal concept of home rule.

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It is a vacant kind of thing. Sounds fine. You have to

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put content into those words as a semantic matter.

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In Ohio, for example, there is an article in the

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constitution granting substantive home rule power directly

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to any home rule unit, city or village. Substantive

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home rule powers are granted directly. Charter making

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power, which has to do with setting up your structure of

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government, et cetera, depends upon local option, may or



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 970   View pdf image (33K)
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