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As a result of this distinction, nearly all textualists reject strict constructionism in this sense. Supreme Court justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, because the most literal interpretation meaning of a text can conflict with the commonly-understood or original ...
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
One modern academic theory of religion, social constructionism, says that religion is a modern concept that suggests all spiritual practice and worship follows a model similar to the Abrahamic religions as an orientation system that helps to interpret reality and define human beings, [6] and thus believes that religion, as a concept, has been ...
Taftian theory (also "Whig" theory) [1] is a political term in the United States referring to a strict constructionist view regarding presidential power and the United States Constitution, where a president's power is limited to those powers specifically enumerated by the Constitution.
Legal scholars, including judges and professors, often say that strict scrutiny is "strict in theory, fatal in fact" since popular perception is that most laws subjected to the standard are struck down. However, an empirical study of strict scrutiny decisions in the federal courts found that laws survive strict scrutiny more than 30% of the time.
The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
God vs. the Gavel: Religion and the Rule of Law. Edward R. Becker (Foreword). Cambridge University Press. ISBN 978-0521853040. Hanson, Charles P. (1998). Necessary Virtue: The Pragmatic Origins of Religious Liberty in New England. University Press of Virginia. ISBN 978-0813917948. Jordan, W.K. The Development of Religious Toleration in England ...