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constitutional provision only to have it slapped down
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2
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where it means anything.
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Then the most you can say is, well, you are
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4
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not being fair. You are not doing what the Constitution
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B
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says you should do. The public debate over this thing,
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if it ever gets to that point, will mention the Consti-
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tution and the people will assess the pros and cons. The
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Constitution itself will furnish no real guidance, and
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9
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I don't know that you've accomplished anything. That's
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the difficulty about using it.
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Now, on the other hand, I don't know that it
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hurts anything to put in a provision, not just like that,
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but a provision to say that everybody should try to be
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14
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as fair as you can to everybody, under all circumstances.
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I think this is a nice thing to put in the Constitution
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and it has a broader range. I mean, it can't hurt you, but
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it does — you smile — and there is an element of silli-
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18
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ness in trying to write broad generalities into a con-
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stitution because you get to a point where" it's kind of
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reductio ad absurdum.
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I come back to my basic point of you've got
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