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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 987   View pdf image (33K)
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66

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THE CHAIRMAN: It specifically says, But such

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powers may be repealed by the StattT Legislature, which

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would certainly mean take them away, would it not?

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DR. LOSVY: I am referring there to the powers

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granted through the grant of express powers.

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DEAN FOUDHAM: It says they include these --

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shall include those powers, I think a court would say as

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a matter of interpretation these could be taken back.

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DR. LOEVY: I would change that first paragraph.

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DEAN FORDHAM: I want to say about this that I

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have a great hesitancy in putting any substantive local

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power beyond legislative control. Things change too much.

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MR. MELVIN: That is my point. Saying they

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don't have any powers unless, talking about the Legislature,

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the Legislature would have no power over local governments

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unless they felt there was a matter of strictly something

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that transcended local affairs, in other wtrds, you start

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out with the local governments having every power that you .

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can conceive of that any legislative body could have.

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DEAN FORDHAM: That is my theory, but without

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whether it is local or whatever you may describe it, I don't



 

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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 987   View pdf image (33K)
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