Law School Discussion

Our Constitution

EnglishToLaw

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Our Constitution
« on: July 19, 2004, 11:05:46 AM »
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

Re: Our Constitution
« Reply #1 on: July 19, 2004, 11:13:31 AM »
The former, that's exactly why AMENDMENTS EXIST

Case closed

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« Reply #2 on: July 19, 2004, 11:23:17 AM »
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EnglishToLaw

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Re: Our Constitution
« Reply #3 on: July 19, 2004, 11:28:04 AM »
Zap, you sound like you're running for Congress.

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

Good answer, though.  :)

jgruber

Re: Our Constitution
« Reply #4 on: July 19, 2004, 11:30:44 AM »
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

Re: Our Constitution
« Reply #5 on: July 19, 2004, 11:43:30 AM »
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

Re: Our Constitution
« Reply #6 on: July 19, 2004, 11:47:00 AM »
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.




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« Reply #7 on: July 19, 2004, 01:03:35 PM »
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buster

Re: Our Constitution
« Reply #8 on: July 19, 2004, 01:08:17 PM »
There are no conditions that prevent me from having the right to speech, although there are restrictions on the exercise.

exactly

jgruber

Re: Our Constitution
« Reply #9 on: July 19, 2004, 01:15:48 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.