1962] OF THE SENATE 21

following: "Twenty-five Thousand Dollars ($25, 000)" and insert in lieu
thereof the following: "Fifty Thousand Dollars ($50, 000)".

Which amendment was read and adopted.
Favorable report, as amended, adopted.

The bill, as amended, was read the second time and ordered printed
for its third reading.

Mr. Malkus, for the Committee on Judicial Proceedings, reported
favorably,

Senate Resolution No. 1—By Senator Phoebus:

Senate Resolution urging the courts to desist from their recent
usurpation of legislative functions.

Historically, the government of the State of Maryland and of
the United States is based on separation of powers and resultant
checks on undue concentration of power in any one branch of
government.

It has long been recognized that the elected legislative branch of
government has the prerogative and responsibility to enact laws.

The executive branch is charged with administering these laws.

The role of the judicial branch, in bringing about compliance
with these laws and justice to society under these laws, includes
constitutional review of these laws.

The courts traditionally have respected this division of powers
and the inherent right of the legislature, on both the federal and
state levels, to enact legislation. Therefore, the courts have con-
sistently and firmly refused to consider political questions, the
passage of the Fourteenth Amendment notwithstanding.

This precedent was shattered in early 1962 by a series of decisions
of the Supreme Court of the United States and the lower Federal
courts attacking the composition of State legislatures and the con-
duct of State elections.

Clearly, assumption of such power by Federal Courts violates not
only the principle of separation of governmental powers, but also
takes away the rights of states under the doctrine of federalism.

Acting pursuant to the unprecedented decisions of the federal
courts, the courts of Maryland and more than twenty other states
are now considering political questions, and have made decisions
which negate the powers of state legislatures to determine their
own composition and the conduct of their elections; now, therefore
be it

Resolved by the Senate of Maryland, That the courts be urged to
desist from their recent usurpation of the legislative prerogatives and
responsibilities of the representatives elected by the people in Mary-
land to the State Legislature; and be it further

Resolved, That the Secretary of the Senate be instructed to send
copies of this Resolution to the Chief Justice of the Supreme Court
of the United States, the Chief Judge of the Court of Appeals of