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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 540   View pdf image (33K)
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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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Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 540   View pdf image (33K)
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