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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9993   View pdf image (33K)
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any particular economic theory, whether it be the
economic theory of free enterprise or the economic
theory of the welfare state or the partial welfare
state should be frozen into the Constitution.
THE CHAIRMAN: You have one-quarter minute,
Delegate Scanlan.
DELEGATE SCANLAN; A long time ago, I need not
say what Supreme Justice said that he didn't think the
Fourteenth Amendment froze Herbert Spencer's social
statistics into the Fourteenth Amendment and I think
the same point could be made here. This is a national
problem. It can only be solved by national effort. To
write something in the Constitution which is unenforceable,
I hope it is unenforceable, to write this into the
Constitution, is a snare and delusion.
Unlike some of the other things you have done
in the last few days like permitting the right to
organize collectively and making clear equal protection
of the laws clause prohibits segregation or discrimination
on the basis of race, creed, or color, there we granted
substantive rights. Here we have a platitude that no



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9993   View pdf image (33K)
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