LSAT 108 – Section 3 – Question 23

LSAT 108 - Section 3 - Question 23

February 2000

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Question
QuickView		 Type Tags Answer
Choices		 Curve Question
Difficulty		 Psg/Game/S
Difficulty		 Explanation
PT108 S3 Q23
+LR
Most strongly supported +MSS
A
7%
165
B
53%
169
C
19%
164
D
12%
162
E
8%
163
154
166
177
 +Hardest 147.273 +SubsectionMedium

Commentator: A political constitution that provides the framework for the laws of a nation must be interpreted to apply to new situations not envisioned by its authors. Although these interpretations express the moral and political beliefs of the interpreters, they are usually portrayed as embodying the intentions of the authors. This fiction is vital because without it the illusion, so necessary for political stability, that laws are the bequest of a long tradition rather than the preferences of contemporary politicians would vanish.

Summary

Constitutions that provide the framework of laws for a nation must be interpreted to apply to new situations that the authors did not envision. These interpretations are portrayed as embodying the intentions of the original authors even though they represent the moral and political beliefs of the interpreters. This portrayal is necessary for political stability. Without the portrayal, laws that exist because of tradition, rather than the wishes of modern politicians, would vanish

Strongly Supported Conclusions

Interpreting a constitution to apply to new situations not envisioned by the framers is vital to political stability and the preservation of laws that exist due to tradition. Some interpretive fictions are vital. If people don’t think the constitution is being interpreted based on the intentions of its authors, political instability will increase.

A
If the people of a nation do not believe that the laws under which they live express the intentions of their political leaders, that nation will become more politically unstable.

This is unsupported because it refers to the intentions of political leaders rather than political leaders interpreting the constitution in line with its authors’ intentions.

B
Political instability will increase if the people of a nation cease to believe that their constitution is being interpreted consistently with the intentions of its authors.

This is strongly supported because the stimulus states that the portrayal of a constitution being interpreted in accordance with its authors’ intentions is necessary for political stability.

C
Political instability will ensue if people come to believe there is a divergence between the beliefs of the authors of their constitution and those of their present political leaders.

This is unsupported because the stimulus doesn’t claim that modern politicians must believe the same thing as the authors of a constitution. It only states that modern politicians must interpret a constitution in accordance with the authors’ intentions.

D
A written constitution preserves the illusion that laws are the bequest of a long tradition rather than the creations of modern politicians.

This is unsupported because a written constitution doesn’t inherently preserve any illusion - it’s how modern politicians interpret the constitution that matters.

E
The perceived lack of a long legal tradition in a nation makes the political stability of that nation dependent upon the fiction that its present political leaders share the intentions of the authors of the constitution of that nation.

This is unsupported because modern politicians don’t have to share the intentions of the constitution’s authors. The stimulus only states that modern politicians must interpret the constitution in a way that aligns with the authors’ intentions.

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LSAT PrepTest 108 Explanations

Section 1 - Reading Comprehension

Section 2 - Logical Reasoning

Section 3 - Logical Reasoning

Section 4 - Reading Comprehension

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