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principles rather than restraints?
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PROFESSOR ROSEN: Well, as I have suggested,
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the ACLU's position is that it wants a statement of
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rights that are restraints, but in the statement, as the
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Federal Constitution, the statements would be in broad
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terms, such as, Congress shall make no law respecting
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the establishment of religion, et cetera, et cetera.
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These, of course, would carry, with them broad principles
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or, as. in the Fourteenth Amendment, the statement that
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no state shall deny to any citizen the equal protection
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of the laws.
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These, of course, encompass broad principles
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of every ideal and purpose, but they are also enforceable
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principles. Now, it may be that sometimes the broad
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philosophy of the idea outruns the enforceability of the
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core, but that, I think, is in the nature of a broadly
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drafted Bill of Rights and I think what we are requesting
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or what we would support is a Bill of Rights that is
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drafted in terms of broad principles, subject to further
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judicial interpretation and application in concrete cases,
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responsive to those needs that the citizens now have of
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