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where the state simply recognizes that it is
simply concerned about the welfare of the
people. It is true, as Delegate Scanlan says,
that it is a matter of policy. It does not
make the welfare state. This does not do
anything of that sort, but I think for us to
leave out any reference of our concern
about the general welfare of our people
and their right to life, liberty, and dignity
is something that we ought to be ashamed
of. I therefore urge the rejection of this
amendment.
THE CHAIRMAN : Is there any further
discussion?
Are you ready for the question?
The Clerk will ring —
Delegate Schloeder.
DELEGATE SCHLOEDER: Mr. Chair-
man, I would like to rise to oppose the
Scanlan amendment. I rose to blow on the
dice a few times last evening, but I think
Mr. Scanlan is wrong here to attempt to
delete this section.
I am reminded of what Edmund Burke
said in a speech in the House of Commons
on conciliation to the American Colonies.
He said that it is not what lawyers tell me
I may do, but what reason, justice, and
humanity tell me I should do.
For many of us the real history of this
country is the fulfillment of the promises of
the Declaration of Independence, a fulfill-
ment of the promise that all men are
created equal. It is the life, liberty, and the
pursuit of happiness. Pursuit of happiness
means an equal chance of all people to set
for themselves goals and to move positively
toward the attainment of those goals. A
constitution is a basic and fundamental law
of the state, and goes far beyond the ques-
tion of judicial pensions or whether or not
a comptroller will, in fact, control.
A constitution is an instrument of gov-
ernment and as such it is a social as well
as a legal document and should provide in
part at least for a promise of enlighten-
ment. It is not simply an article or an in-
strument for lawyers to argue over or
judges to ponder on. After all, judicial de-
cisions are not made in a vacuum. They
are arrived at in an atmosphere where it
must by necessity reflect the spirit and
sense of the time. It was Chancellor Kent
who said that the law as a science is only
a collection of general principles founded
on moral law, and in the common sense of
mankind and applied to particular cases as
they arise by diligent members of the bar,
and at the erudition of the courts.
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I suggest that the language of Delegate
Mitchell's amendment is one of those prin-
ciples founded on moral law, and in the
common sense of mankind. For that reason
we should reject the Scanlan amendment
and thus make it clear that we are indeed
of this time and place, and that we too
would do what we can to fulfill the promise
of the Declaration of Independence.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the
amendment?
Delegate Gleason.
DELEGATE GLEASON: Mr. Chairman,
I would suggest to the delegates assembled
that the remarks we have heard from the
sponsors of this committee amendment are
the wool and the warp that political
speeches are made of. Any remarks that
have any effectiveness in the ability to
carry out the effect of the policy embodied
in this amendment must be done on the
legislative floor of the General Assembly
or in the Congress of the United States.
I think the delegates will recall during
World War II when out on a boat in the
Atlantic Ocean Franklin Roosevelt made
his great speech in enunciating four free-
doms. He said people should have freedom
of speech and expression. That was all
right. People should have freedom of wor-
ship. Government could do something about
those, but then he went too far. He said,
people should have freedom from want and
freedom from fear. I suggest to you if you
look at this amendment that is before us,
when we say that the policy of the State
should be that all persons shall have eco-
nomic security in order that they may live
in decency, dignity, and health, I suggest
to you that all the economic security in
the world will not assure that any person
will live in dignity, decency, and most of
all, live in good health. We can say about
the same thing about the injunction in
there for opportunity of employment.
You will recall President Kennedy when
he was alive made a statement that we are
always going to have injustice with us. A
lot of us sympathize with our economically
deprived people who are suffering injus-
tices, but the Constitution is no place to
set up powers by which government shall
operate to attempt to redress those im-
balances in our society. If there is any way
those imbalances are redressed, they are
clone in the public and private sector of
our economy and not in the constitution.
We should throw this one out, stand up
proudly as we could so —
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