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MR. BURGESS: Of course, I'm looking at this
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as a sort of a self-styled historian, I guess. I questior
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a little bit about taking out of the Bill of Rights, as
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such, some of these. provisions, if you want to call them
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that, or statements or affirmations; some of them are
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not. Maybe they are not subject to judicial decision,
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but they certainly have in the past influenced judicial
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decision and certain of them have been included in
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judicial decisions; but, so far as — no, I'd rather
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fight, that I would hold that some of these things be
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in the Bill of Rights, the connotation of this being
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included in the Bill of Rights, which is something that
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does not carry the same kind of weight if you embody it
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as a part of the constitutional provisions.
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They are specific things. These are beliefs
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and affirmations that are deep-seated in our American
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heritage and I suspect we want to keep them there.
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THE CHAIRMAN: Thank you very much. Professor
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Asper, who is a professor of law at the University of
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Maryland and the Reporter for our Committee, has a
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question.
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