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In common with
a legislature or other deliberative body, the Convention has need to establish
and adopt rules for the orderly conduct of its work and to prescribe for such
officers as it deems necessary with a general statement of the duties and powers
to be exercised by them. There are, however, certain unique features of a constitutional
convention which require departure from the usual legislative rules. A most
important distinctive feature of the deliberations of the Convention is that
its end product, a Constitution, must be a unified instrument which expresses
with consistency and clarity, in logical order, and in harmonious, understandable
style, the multiple and broad topics of which it treats. Such a unified instrument
is to be fashioned by the fifty-five Delegates from the many and diverse ideas
and proposals initially introduced and can therefore be readily recognized as
a difficult task. This feature is in large contrast to the deliberations of
a legislature where the end product is composed of numerous laws which are introduced,
considered, and finally passed upon separately and independently of each other.
The Convention rules and procedures should be designed to accomplish the task
of coordinating the work of the various committees and bringing together efficiently
and effectively the articles produced into a unified whole: the Constitution.
Another distinctive
feature as compared to the typical legislature is that the Convention sits as
a single house, so that legislative rules contemplating a bicameral body may
not be in point in many particulars. The Convention is also distinctive in that
it is a single session body which acts without continuity of procedure with
preceding or subsequent sessions and without necessary reference to an established
body of legislative law.
All of these distinctive
factors have given rise to the adoption of a special set of rules for constitutional
conventions, adapted to the circumstances of the particular convention. The
Delegates at College may wish, therefore, to operate under temporary rules during
a period of time sufficient to consider carefully a suitable set of permanent
rules. To aid in this consideration there will be available for the use of the
Delegates, copies of the rules used in other recent constitutional conventions,
including those of Missouri, Hawaii, and New Jersey.
The subjects normally
dealt with in permanent rules are set forth below:
1. Officers of
the Convention and a general description of their duties and authority.
2. Standing committees including their method of selection and the scope of
their activities.
3. Committee of the whole including its purposes, use and procedures.
4. Conduct of business including quorum, order of business, motion, debate,
decorum, and parliamentary authority to be followed, such as Roberts or Cushing.
5. Procedures and form for proposals, submissions, and other information addressed
to the people.