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"Strict Construction of the Constitution Is More a Matter of Politics

question 52

Essay

"Strict construction of the Constitution is more a matter of politics than principle." Discuss this statement in light of the conflicts described in this chapter.


Definitions:

American Law Institute (ALI) Rule

A standard for determining legal insanity, emphasizing the inability to understand the wrongfulness of an act or to act in a lawful manner.

M'Naghten Rule

A legal principle stating that a person cannot be held responsible for a crime if they were unaware of what they were doing or did not know it was wrong due to a mental disorder.

Durham Rule

A legal standard used to determine criminal liability, stating a defendant is not responsible if an unlawful act is the product of mental disease or defect.

Antisocial Conduct

Behavior that is hostile, aggressive, or damaging to societal relationships and rules.

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