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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10737   View pdf image (33K)
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10,737

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THE CHAIRMAN: Delegate Boyer.

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DELEGATE BOYER: Yes, there are three words

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that we, as a General Provisions Committee, were rather

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proud of our authorship on it, and the three words are

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"including common law", and we thought that would cover

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everything we had in GP-9. Are there any other questions

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of the Committee?

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THE CHAIRMAN: Delegate Chabot.

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DELEGATE CHABOT: Delegate Boyer, I would like

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to ask you about those three words as they fit in with the

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words "is lawfully changed". One of the general uses

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of the common law is that it can be changed. The courts

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can evolve it. Do those two phrases mean that we do not

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intend to freeze perpetually the common law as it now is,

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but we intend to permit it to continue to be changed

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also as it has been changed?

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THE CHAIRMAN: Delegate Boyer.

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DELEGATE BOYER: Yes, this is absolutely true

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and I am awfully glad you brought that up. It is not our

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intention to remain frozen in our common law. It should

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remain flexible, and we should keep it that way.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10737   View pdf image (33K)
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