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PostPosted: Sat Feb 21, 2015 11:18 pm 
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Joined: Tue Mar 11, 2014 7:03 pm
Posts: 15
Home Schooled: Yes
Location: My Own Little World
I've dug through the RedBook, googled my heart out, and PM'd my friends. Somehow, I cannot find ANY applications/examples for the Affirmative side of Stoa's second resolution. (In the United States federal jurisprudence, the letter of the law ought to have priority over the spirit of the law.)

I've found a plethora of Supreme Court Cases where strictly sticking to the letter of the law has caused injustice, violated people's rights, etc. But examples where the spirit of the law was misused and abused to the same effect seem to be lacking. Am I crazy? Am I looking in all the wrong places?

PostPosted: Sun Feb 22, 2015 3:59 am 
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Joined: Thu Apr 10, 2014 1:39 am
Posts: 29
Home Schooled: Yes
Location: Split between the states of Olympus and Midlands
Kelo v. City of New London might work. It's a stretch, since you'd have to demonstrate that the spirit of the Takings Clause was to allow takings for public benefit rather than merely public use (and the Founders would disagree with that idea). But, not adhering to the letter of the law -- "public use" -- resulted in injustice. It's worth a shot, and I doubt very many people will know enough about it to be able to effectively refute it.
Barring that, go with any generic example of judicial activism that everyone would agree is unjust (both liberal and conservative).

PostPosted: Sun Feb 22, 2015 9:45 am 
Hint hint peoples.
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Joined: Wed Nov 23, 2011 5:18 pm
Posts: 1379
Home Schooled: Yes
Location: San Diego, California
Another great case to look into is Griswold v. Connecticut. It's perhaps one of the most famous examples of the Supreme Court using the spirit of the law. Essentially SCOTUS inserted a whole new right to privacy based on what they thought the Founders wanted.


As the deer pants for the water brooks, so pants my soul for You, O God. -Psalm 42:1

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