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if we start allocating power in the constitution when
the power is already there, we run, unfortunately, into
a difficult situation of interpretation. It has long been
the practice of the courts of this country to interpret
the constitution in such a way that when a power is
expressed, the courts interpret that as being the limits.
I can see it possible for the courts to take the wording
of this provision as now stated and say that it was
intended by the Convention that the only protection which
the Constitution demands of the legislature in this
respect is with respect to the words themselves against
harmful and unfair business practices, not other kinds
of practices, only business practices.
This is going to give the courts some difficulty,
and it has already been suggested that there is some
question as to whether this includes professional
practices.
It seems to me that we are on very dangerous
ground here if we attempt to do somthing which may turn
out by interpretation of the courts to be something
that we did not want.