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amendment says, when we say "no person shall be discrimi-
.
nated against by law", we have said it all. And the
amendment is simply superfluous. It is repetitious and
should be defeated.
THE CHAIRMAN: Delegate Mi-tchell.
DELEGATE MITCHELL: Delegate Scanlan, two
minutes.
THE CHAIRMAN: Delegate Scanlan.
DELEGATE SCANLAN: Mr. Chairman, fellow
delegates, in arising to support this amendment I suppose
some would say that I am being inconsistent.
Certainly it can be argued that the language,
the equal protection clause, furnishes all the protection
that the language proposed by the minority suggests. I
think there are two answers to that.
I think we should write a Constitution for the
ages and for the decades to come. There are moments when
we should take into account the facts of history.
The equal protection clause has been interpreted
by the Supreme Court to prohibit the type of discriminatio-i
that the minority would specifically prohibit. Those are