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The only conspicuous exception should be when they use
.
the legislative power to trespass upon the fundamental
rights in our Anglo-Saxon tradition of free speech, free
exercise of religion, non-establishment of religion,
habeas corpus and the rest. These are protections against
the misuse of legislative power. This is another example,
the majority proposal is another example of affirmatively
making the legislature do something. And I suggest if
this is carried too far we really undercut the basic
assumptions of representative government, that the repre-
sentatives of the poeple are entitled to govern. And I
think in this instance the Convention would be again making
I a mistake and I think we have made a few in the past in the
words of I guess it was Hamlet in the previous two examples
h
"Error will creep into the affairs of state and be recorded
as a precedent," and I know you will cite against me the
precedent of the conservation clause and the consumer
protection clause, both of which I was irrevocably and
remain irrevocably opposed to.
Dean Pound admonished the New Jersey convention '
when he was giving them a little peptalk and they heeded
his lesson, he said the important thing to remember,
i . .. —-— —