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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10438   View pdf image (33K)
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10,438

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A few days ago below into the Bill of Rights

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a provision that no person in this State shall be denied

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equal protection of the laws. There was no statement made

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at that time as to what areas this covered. I had assumed

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that it covered all areas; that It therefore covers educa-

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tion, as well as peace and order, as well as protection

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of life and property.

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What does this provision in this Article do

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that that equal protection of the laws do not do?

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It seems to me that if you start to put redun-

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dant language into the Constitution, we raise more ques-

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tions of interpretation and application than we get rid of.

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The wording of this section seems to me to be

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extremely obscure. First, we had it say "provided"; now

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we have it saying "promote".

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One of the speakers insisted that this is not

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exhortatory language, but it is not obviously either

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language that can be justifiably enforced.

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I suggest for the sake of clarity that we

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depend upon the equal protection of the law clause with

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respect to equal opportunities and delete this particular

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10438   View pdf image (33K)
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