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3 answers

Ok it is like this:
The difference between the two is when you have a conflict with interpretation.

If it is explicit, there is no problem and the meaning is clear. When it is implicit, there are varying opinions of the meaning and normally research of the forefathers is needed in order to determine what they meant exactly.

An example of this is the 4th amendment concerning separation of church and state. Some argue it doesn't explicitly say that. It i not until you examine the forefather's thoughts when they wrote it, that you see they clearly intended a distinct separation of the two.

2006-09-09 12:53:05 · answer #1 · answered by BeachBum 7 · 0 0

Consent is not defined in the Constitution. In fact, aside from Article (issues dealing with consent of Congress) and Article IV (consent of the state govt to splitting states), the only direct reference for personal is in the 3th Amendment.

Explicit consent is when a person gives a spoken or written voluntary statement of consent (permission). Implicit consent is when the actions or conduct of an individual gives the indication of consent. Such as when police ask if they can come in, and the person opens the door and steps back. That action is implied consent to enter.

2006-09-05 23:23:33 · answer #2 · answered by coragryph 7 · 0 0

I believe you meant to say concept. Implicity the constitution lays out a general idea of what people think thier rights are or should be. Explicitly is the legal translation for what the constitution is in a clear concise manner with no room for interpretation.

2006-09-05 23:28:01 · answer #3 · answered by Anonymous · 0 0

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