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distinguished from an over-all, broad guide to —
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PROFESSOR ROSEN: Not enforceable at law?
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MR. GENTRY: Perhaps not strictly enforceable
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at law.
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PROFESSOR ROSEN: I think it's clear on the
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surface of the ACLU's position that it wants a Declaratiot
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of Rights that is enforceable at law and subject to the
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creative processes of interpretation under the judiciary.
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MR. GENTRY: I'm not sure that is possible.
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You say you want it strictly enforceable by law, and yet
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you are dependent upon the judicial processes to add
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something to it through, you say interpretation. I find
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it more to be simple adding than interpretation.
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PROFESSOR ROSEN: That is a point that we
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could review all night, but I would prefer to view it as a
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creative process interpreting the fundamental document of
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the State, as the Federal, as I see it, sees it as inter-
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preting a fundamental document. He would hope the judi-
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ciary of the State would be charged with the creative
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process of interpreting and applying the Declaration of
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Rights, within the creative process of the judiciary.
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