CONSTITUTIONAL ADVERBS
It's not the argument, it's the adverbs that are important. Two examples, one from the filibuster fight, another from the periodic congressional hot air surrounding flag burning:
And when the Senate does something that is plainly and patently unconstitutional--as it is doing by having a minority of its members impose a de facto requirement of a supermajority for judicial nominees to be confirmed whenever that minority subjectively feels that certain nominees are "extreme" or "controversial"--then the Constitution should and does trump any institutional loyalty to the Senate. (from Pejmanesque)"While I respect the Courts desire to protect our first Amendment, the constitution clearly upholds the sanctity of the American flag by giving Congress the means to prohibit destruction of this sacred symbol" (from Tom Delay)
I love those words, "plainly," "patently," and "clearly."
I always tell my students that when they read words like this, they should underline them and then look for the weaknesses that they're covering up. Generally the weakness consists in asserting what it is necessary to prove.
And no, I'm clearly not being even the slightest bit hypocritical here. I mean, my arguments are so plainly free of polemic that I write these lines with a patently free conscience.




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