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DELEGATE SCANLAN: To put: a footnote on ex post
facto legislative history, I -iust want to say that the J-ate
Justice Jackson once said that legislative history is a very
slim reed to rely on to ascertain the meaning of the English
language. I think he would have turned over in his grave if
anybody suggested to him that ex post facto legislation coul
determine the meaning of the words "by a legislative body."
I will keep secret what I voted on that last proposal.
THE CHAIRMAN: Delegate Hardwicke.
DELEGATE HARDWICKE: Mr. Chairman, it occurs to
me as far as a point of personal privilege is concerned, tha
where you take language out of the existing Constitution, it
knocks the props out of previous judicial reasoning.
That if that is done, I do not see how you can correct it in
this body by statements made to the contrary.
I realize you left the door open for amendments
which could take care of that gap.
THE CHAIRMAN: You are putting into words exactly
the matter which is troubling the Chair. I think the rank
language standing alone is relatively clear. It does omit
the qualifying Unquage in Article V in the present Declara-
tion of Rights.