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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8879   View pdf image (33K)
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great moments in -the history of the Supreme Court.
Unfortunately, the state courts have not always
been quick to follow the Supreme Court in applying equal
protection clause in this manner. They have abided by
the old doctrine that there is a legislative presumption
of validity when an act of the legislature is passed,
thus making this difficult to strike down legislation
under the equal protection of the laws clause.
Fortunately, the Federal courts lead by the
Supreme Court have repudiated that presumption of validity
when classification entered into the field of race,
religion, or national origin.
The state courts, on the other hand, have
lagged behind in this area. I suggest that the inclusion
of the specific language would make it perfectly clear
to the courts of this state, the presumption of the legis-
lative validity in this field does not apply with the
same force that it applies in the economic area.
THE CHAIRMAN: You have one-half minute,
Delegate Scanlan.
DELEGATE SCANLAN: One of the great objectives



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 8879   View pdf image (33K)
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