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I agree with that... except the last part. You can be guilty of violating the spirit of a law. See for example Wickard v Filburn that forced Filburn to pay a fine for violating limits on wheat.

Luckily most of these go the other way.. like in Jacobellis v Ohio where the judge says "I'll know it when I see it" to describe his threshold for obscenity... overturning his conviction. [Edit: On the other hand, obscenity is only illegal because it was ruled it's not covered by the first amendment (even though the exception isn't listed in the first amendment)... allowing the legislature to pass laws restricting it.]

The Constitution is filled with more examples: Point to where in the Constitution it says you have a right to privacy, which is the basis for Row v Wade. Or point to where it says "beyond a reasonable doubt", a standard set in Winship.




In my opinion, the only thing Wickard v Filburn should be used for an example of is government overreach and misguided inclusion of n-order impacts. Growing food for your family should not be a crime. What a racket. We might as well find people guilty of conspiricy to commit murder simply because they didn't report a murderer when they saw them speeding prior to the crime. It could have stopped it!

The reason it's supposed to go that other way is because you are to be assumed innocent until proven guilty. Any benefit of doubt or uncertainty is supposed to go to the defense.




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