Overview
- A bad-faith construction of the Legal Principle occurs when someone who does not genuinely accept the Legal Principle intentionally seeks to misconstrue it to aggress against another person or group.
- The person acting in bad faith intentionally and carefully calculates their position to appear to comply with a legitimate 3L Philosophy analysis.
- We should expect some people to intentionally misapply the “substantial risk” aspect of the Legal Principle to defeat the proper meaning and spirit of the Legal Principle. Any aspect of the Legal Principle could be twisted and contorted in this way in bad-faith to achieve an outcome that does not comport with the 3L Philosophy.
- We should expect that people who prefer to aggress against others for whatever reason will envision all varieties of bad-faith legislation to effectively side-step the Legal Principle. We therefore need a reviewing mechanism, such as federal courts employing substantive due process to review and strike down laws that local communities will pass in bad faith to violate the Legal Principle.
