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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 ...
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.
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.
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 ...
He took a "literal" or absolutist reading of the provisions of the Bill of Rights [4]: 115–118 and believed that the text of the Constitution is absolutely determinative on any question calling for judicial interpretation, leading to his reputation as a "textualist" and as a "strict constructionist". While the text of the Constitution was an ...
They argue that only very small interpretations away from precedent, narrowly applied, and based on the general direction of society constitute true judicial restraint rather than any originalist or strict constructionist viewpoint (in opposition to conservatives), while still allowing for a Living Constitution (albeit one with a much slower ...
The territory acquired from the Louisiana Purchase, superimposed on a map of the contiguous United States.. Jefferson positioned himself as a strict constructionist regarding the United States Constitution, a view which argued for a strict, exact-word interpretation of the law; [15] this position, however, meant that purchasing Louisiana from France (as Jefferson did) would be potentially ...
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.