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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."
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.
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 ]
This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now ...
This one was based on the policies of Alexander Hamilton and his allies for a stronger national government, a loose construction of the Constitution, and a mercantile (rather than agricultural) economy. As time progressed, the factions which adhered to these policies organized themselves into the nation's first political party, the Federalist ...
The Mexican government said Tuesday that a loose railway fitting caused a train car to derail on the president’s pet project, a tourist rail route known as the Maya Train. The derailment on ...
Maryland reanimated the disputes over the supremacy of state sovereignty and federal power, between strict construction of the US Constitution and loose construction. [42] The Missouri Crisis in 1820 made the explosive political conflict between slave and free soil open and explicit. [43]
Coming from Max Weber's definition of power, [25] he realizes that the term power has to be split into "instructive power" and "destructive power". [ 26 ] : 105 [ 27 ] : 126 More precisely, instructive power means the chance to determine the actions and thoughts of another person, whereas destructive power means the chance to diminish the ...