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Strict construction requires a judge to apply the text only as it is expressly written, i.e., read perfectly literally. This can contradict the commonly-understood meaning of a law. For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison."
Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers. Loose constructionists , on the other hand, believe it is largely up to Congress and not the courts to determine what means are "necessary and proper" in executing one ...
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.
The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended.The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
She built an exercise habit with morning workouts and daily walks. Ramos started out going to the gym right after work, and she kept an extra bag of gym clothes at work.
Maryland reanimated the disputes over the supremacy of state sovereignty and federal power, between strict construction of the US Constitution and loose construction. [7] The Missouri Crisis in 1820 made the explosive political conflict between slave and free soil open and explicit. [8]