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  1. #31
    Senior Member lowtech redneck's Avatar
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    Quote Originally Posted by MacGuffin View Post
    Here's one for you all: what trumps the Constitution legally?
    Some say international treaties, but they are wrong.

  2. #32
    Senior Member lowtech redneck's Avatar
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    Quote Originally Posted by ajblaise View Post
    The only other option is to find an INTP. And those gems are hard to come by.
    You think only INTPs are capable of putting their personal feelings aside and abjudicating on the basis of the merits of a case alone? I admit that would explain a lot (), but I don't buy it. Also, I think a true sociopath would be an enthusiastic supporter of the "living document" doctrine, as it gives them more flexibility through which to exercise power over others.

  3. #33
    Minister of Propagandhi ajblaise's Avatar
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    Quote Originally Posted by lowtech redneck View Post
    You think only INTPs are capable of putting their personal feelings aside and abjudicating on the basis of the merits of a case alone? I admit that would explain a lot (), but I don't buy it. Also, I think a true sociopath would be an enthusiastic supporter of the "living document" doctrine, as it gives them more flexibility through which to exercise power over others.
    The first people who allowed for this flexibility where the framers themselves, by making the document so broad and flexible in the first place.

  4. #34
    Senior Member lowtech redneck's Avatar
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    Quote Originally Posted by ajblaise View Post
    The first people who allowed for this flexibility where the framers themselves, by making the document so broad and flexible in the first place.
    James Madison would strongly disagree (hell, even Alexander Hamilton would be aghast).

  5. #35
    Senior Member professor goodstain's Avatar
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    Which type would probably best fit the job? imo, ISFJ.

    Si-could make a decent decision by maybe having somewhat of an understanding of the relationship of the time and the reasons the constitution was constructed the way it was during that time, then contrasting those understandings with amendments over the years along with the reasons for those amendments in order to seek underlying consistencies without oversteping the boundaries of what was deemed consistent.

    Fe-this is a tricky one. As it gathers info from current (feeling) in the rationale behind litigation/appeals, the ISFJ will be able to neutralize current feeling influences/motives behind litigation/appeals because of ISFJs awareness of how current feelings could cloud correct judgment thanks to Si understanding the history of possible clouded judgments by comparing the possibility of the feelings behind appeals in the past to the reasons behind the constitution.

    Ti-this is a good spot for this. It will work in cunjunction with Si to remind it of the essential qualities of something (constitution).

    Ne-do i really gotta write anything about the logic of the possitioning of this little number?
    everyone uses every function about evenly. take NE for example. if there are those who don't use it much, then why are there such massive amounts of people constantly flowing through Wallmart with 20 items or less?

  6. #36
    Minister of Propagandhi ajblaise's Avatar
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    Quote Originally Posted by lowtech redneck View Post
    James Madison would strongly disagree (hell, even Alexander Hamilton would be aghast).
    I guess today, most legal scholars and judges don't even take strict constructionism seriously. The Constitution has to be open to interpretation, because it's broad enough to where people will always disagree on interpretation, especially as new issues that the framers couldn't have imagined come into play.

  7. #37
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    Quote Originally Posted by lowtech redneck View Post
    Some say international treaties, but they are wrong.
    No, that's not it.

  8. #38
    Senior Member lowtech redneck's Avatar
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    Quote Originally Posted by ajblaise View Post
    I guess today, most legal scholars and judges don't even take strict constructionism seriously. The Constitution has to be open to interpretation, because it's broad enough to where people will always disagree on interpretation, especially as new issues that the framers couldn't have imagined come into play.
    There is more than enough room for interpretation within an originalist framework to cover almost any eventuality, and amendments can take care of the rest. Extending interpretation into the realm of whatever sophistry allows (which is virtually limitless) serves only to empower those which seek power over others (most of whom probably have good intentions, but that's irrelevent) rather than freedom from the arbitrary will of others.

  9. #39
    Reigning Bologna Princess Rajah's Avatar
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    Quote Originally Posted by InaF3157 View Post
    You do see why this makes the case for why they ought not make it up as they go along as the empathy strikes them, right?
    Who says they're doing this? I don't think anyone - even Lateralus - is suggesting judges are this capricious.


    I... suppose. Yeah!

  10. #40
    Reigning Bologna Princess Rajah's Avatar
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    Quote Originally Posted by MacGuffin View Post
    Here's one for you all: what trumps the Constitution legally?
    Ooh, I know this one!!!


    I... suppose. Yeah!

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