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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 13830   View pdf image (33K)
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13,830

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DELEGATE MARION: Mr. President, like Dr.

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Pullen, I am too a preacher's son, but I think that this

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parenthetical language in the Constitution is out of

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place. When it was considered before the comment was

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made in very effective argument against a similar amendment

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that we would be taking away from the people something

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that is in the present Constitution --

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I think that is incorrect, and I don't believe

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that the present oath that has been used in the current

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Constitution has a reference to the Deity in it. If

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the intention is to make this type of phrase, or this

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phrase an optional one, it will be omitted from the

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Constitution because, if there, even in parentheses,

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there is the same element of compulsion the Supreme

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Court found in the case of Engel against Vitale, and it

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seems to me that it is, or that it will not be long before,

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based upon the decision in Engel against Vitale, when

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combined with the decision in the Torcaso case, that this

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entire oath will be struck down because of this language.

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I think too, as a more practical matter; this

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will pose a problem which we do not wish to create. I

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 13830   View pdf image (33K)
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