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Author Topic: Our Constitution  (Read 4708 times)

EnglishToLaw

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Our Constitution
« on: July 19, 2004, 01:05:46 PM »
A living, breathing Constitution or strict textual constructionism?

Discuss.

And don't say "it depends on the circumstances." Take a side. Pretend this is the LSAT essay topic.  >:(

thechoson

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Re: Our Constitution
« Reply #1 on: July 19, 2004, 01:13:31 PM »
The former, that's exactly why AMENDMENTS EXIST

Case closed

The ZAPINATOR

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« Reply #2 on: July 19, 2004, 01:23:17 PM »
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EnglishToLaw

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Re: Our Constitution
« Reply #3 on: July 19, 2004, 01:28:04 PM »
Zap, you sound like you're running for Congress.

Plus you've failed the essay portion of the exam. Sorry.

Good answer, though.  :)

jgruber

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Re: Our Constitution
« Reply #4 on: July 19, 2004, 01:30:44 PM »
ZAP, your argument puts conditions on a fundamental right.  You have the right to privacy but only if you meet a standard of responsibility.



buster

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Re: Our Constitution
« Reply #5 on: July 19, 2004, 01:43:30 PM »
Show me a fundamental right that doesn't have conditions put on it and I'll show you a [insert humorous comment about rare thing here].

ZAP, your argument puts conditions on a fundamental right.  You have the right to privacy but only if you meet a standard of responsibility.




jgruber

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Re: Our Constitution
« Reply #6 on: July 19, 2004, 01:47:00 PM »
The right to free speech is not conditional.

There are no conditions that prevent me from having the right to speech, although there are restrictions on the exercise.

I think I just beat my argument.


Show me a fundamental right that doesn't have conditions put on it and I'll show you a [insert humorous comment about rare thing here].

ZAP, your argument puts conditions on a fundamental right.  You have the right to privacy but only if you meet a standard of responsibility.




The ZAPINATOR

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« Reply #7 on: July 19, 2004, 03:03:35 PM »
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buster

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Re: Our Constitution
« Reply #8 on: July 19, 2004, 03:08:17 PM »
There are no conditions that prevent me from having the right to speech, although there are restrictions on the exercise.

exactly

jgruber

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Re: Our Constitution
« Reply #9 on: July 19, 2004, 03:15:48 PM »
In defending my statement, I realized it was just wrong.

Rights do have conditions.

I'm confused on abortion personally.  I'm not sure just where I stand.

One thing I'm pretty sure of.  Historically, women have been forced to bear children.
This was a violation of their rights.  Don't ask me exactly how.