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 religion as to shake off all religion, and
 while they ha(d) labored to set up heathen
 above Christian morals, ha(d) shown
 themselves destitute of all morality o "
 Notwithstanding these complaints_ it does not
 appear that there was any deep-seated
 coarseness or general ima_orality during the
 closing years of the eighteenth century.
 What was b_9_qinninqk_to Pcc_rafter__h_
 Revolution was not significantlf_ more immoral
 but an abandonment of the p_r_e-revo]utionarz
 notion that _overnmentsh___Duld act to enforce
 m orali%___ Over time howev r__Lhe
 abandonment by__g_ovesnment of it_ enforcement
 role W_euld impair the notion theft there was
 any_ one set of ethical sL__ that all men
 ©ught to obey__
 Nelson, __a p.4, at Ii0-Iii (emphasis added) (footnotes
 As Chief Justice Cushing explained at: the time, when men
 rejected the old religious traditions, they also rejected many of
 the old moral ones, among them the theretofore unquestioned
 assumption that government should enforce morality° W. Cushing,
 "Notes on Biennial Elections and Other Subjects Under Debate in
 the Massachusetts Ratifying Convention," in Willliam Cushinq
 P_apers, (1788). Thus, men at the time of the adoption of the
 Constitution and Bill of Rights were taking a step toward a
 modern view of criminal law - the view that its purpose is to
 protect men and women of unwanted invasions of their rights. 42
 N.Y.Uo L. Revo supra p.3, at 465.
 It was within this context and spirit and James Madison and

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