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Few judges self-identify as strict constructionists, due to the narrow meaning of the term. Antonin Scalia, the justice most identified with the term, once wrote: "I am not a strict constructionist, and no one ought to be," calling the philosophy "a degraded form of textualism that brings the whole philosophy into disrepute." Scalia summarized ...
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.
Some view opinions held by all people to be valid criteria of truth. According to consensus gentium , the universal consent of all mankind (all humans holding a distinct belief), proves it is true. There is some value in the criterion if it means innate truth, such as the laws of logic and mathematics .
This view of the Free Exercise Clause would begin to narrow again in the 1980s, culminating in the 1990 case of Employment Division v. Smith. Examining a state prohibition on the use of peyote, the Supreme Court upheld the law despite the drug's use as part of a religious ritual, and without employing the strict scrutiny test. Instead, the ...
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.
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert; Social constructionism, a theory of how social phenomena or objects of consciousness develop in social contexts; Strict constructionism, a conservative type of legal or constitutional interpretation
In light of this broad consensus, many political scientists have noted that religion legitimizes political authority. [3] Accommodationism also opines that "there is a common set of religiously based morals" with values such as "chastity, honesty, charity, and frugality [which are] ultimately regarded as having a religious basis, but are common ...
A church is a religious group that accepts the social environment in which it exists, a sect is a religious group that rejects it. [ 6 ] [ 2 ] The church-sect typology and the notion of a church-sect continuum or movement from the sect to the church came under strong attack in the sociology of religion of the 1960s onwards.