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Executive Records, Governor Spiro T. Agnew, 1967-1969
Volume 83, Page 670   View pdf image (33K)
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670 ADDRESSES AND STATE PAPERS

commensurate with population. Perhaps the most questionable in-
novation of the new Constitution is the provision for single member
legislative districts. The purpose here was to heighten legislative re-
sponsibility. However, I seriously question whether reduced represen-
tation elected by a reduced constituency will achieve a more respon-
sive or less parochial Legislature.

Judicial reform is a most notable and necessary feature of the new
Constitution. Maryland's present court system could presently be
described as quasi-chaotic and the quality of adjudication in the lower
courts varies deplorably among subdivisions. The draft Constitution
provides for a unified, independent and professional judicial branch.
A four tier court structure supplemented by District Court Commis-
sioners should relieve current court congestion. All judges are re-
quired to be practising lawyers, a qualification omitted at the magis-
trate level in the 1867 Constitution. While the power of appointment
remains in the Governor, he must select nominees from a list sub-
mitted by a Judicial Nominating Commission, composed equally of
lawyers and lay members, all of whom serve without compensation.
For a state where appointments to the bench — especially at the lower
court level — have long been based on political rather than profes-
sional qualifications, this is indeed noteworthy reform.

In other important areas the draft Constitution responds to some
definite needs of today and is designed to meet some definite needs of
tomorrow. Maryland's voting age has been lowered to nineteen years,
a just and realistic compromise considering the responsibilities re-
quired of our younger citizens. The referendum process has been re-
vised to provide this citizens' safeguard in a method more consistent
with Maryland's greatly increased population. Provision has also been
made for legislative authorization of regional governments. While
there is little indication of this need for the present, it is to the new
Constitution's credit that it has paved the way for future governmental
development.

Over all, Maryland's new Constitution is one of exceptional brevity,
simplicity and clarity. The document demonstrates an exercise in
restraint, consciously limiting subject and content, intentionally dele-
gating detail to legislative statute. Obviously, it is not perfect al-
together. Pragmatic compromises were made in order to assist rati-
fication. But even the areas of concession were consciously limited and
carefully chosen to prevent any wholesale consolidation of self-inter-
ested opposition. On a balance sheet the losses were minimal, the
gains optimal, and the total document a rational blend of revision

 

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Executive Records, Governor Spiro T. Agnew, 1967-1969
Volume 83, Page 670   View pdf image (33K)
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