Constitutional Convention (Thursday, Feb. 12, 2004)
Rep.
Fagan said I congratulate all of the previous speakers. I believe we are really
voting on not changing the constitution at all. The actions of this body will
preserve and protect rights of all citizens to vote themselves. Our
constitution in 1788 in the first part says all power residing in the people
derived from them, legislative or executive and judicial, are at all times
accountable to the people. I grew up Catholic and have a traditional view of
marriage. My view does not supercede those of others. I am not smarter than the
people who chose to vote for me. I have confidence in the citizens of my city. I
agree with the previous speaker. Our constitution should not be changed. I will
support this amendment not because I believe the constitution should be
changed, but the contrary. The right of every citizen to be heard should be
protected. Ben Franklin said a government of the people derives its power from
the people. We are a government of laws so long as we adhere to the will of the
people so governed. We have come a long way. If we do not let our constituents
vote, there will be no resurrection of the constitutional rights we hold so
dear.
Sen. O’Leary said we and the people share an uncommon
privilege. We need to recognize that privilege, but we also need to remember
our past and by doing so honor it - both the good and the bad. Both the
pleasant and the unpleasant. We have been far from perfect here in Massachusetts.
In the 17th century we executed Quakers because they were different. Today, in front
of this building, two women stand in new testimony to our collective intolerance.
Massachusetts and Boston
have another tradition. A tradition that embraces change. A tradition that
embraces tolerance and optimism. In the 19th century we gave birth to the
Abolitionist movement. Today, I would argue we have a choice. A choice about
which side of history we want to stand on. Do we want to write discrimination
into our history? I encourage you to vote against the amendment. Sen. Tucker
said I’ll be very brief. But I’m basically here to remind my colleagues that
nowhere in what we’re voting on today does it say we’ll put it on the ballot. We
are voting on the judgment of this sitting Legislature. Just as in two years it
will be the judgment of that sitting Legislature. It is your judgment of the
Constitution, that this is asking you to make today. The process is the
judgment first of two sitting Legislatures, then the ballot. You are not voting
today on a ballot referendum. I am not afraid of a ballot referendum. There are
many ways we can do that between now and 2006 without amending the
Constitution. You are voting on your own judgment of this issue. Sen. Murray
took the chair. QUORUM DOUBTED: Rep. Jehlen doubted the presence of a quorum.
Sen. Murray said a quorum is not present and recessed until a quorum was
present. A standing vote determined a quorum was present. REPUBLICAN CAUCUS: Sen.
Lees asked to be recognized. He called for a Republican caucus for one hour. Sen.
Travaglini, in the chair, said under the rules, there is no discussion. We will
meet again at 2:45 pm.
RECESSES: At 1:48 pm, the convention recessed.
