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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 ...
Popular religious author, feminist, and former Roman Catholic religious sister Karen Armstrong sees a potential for "fascism" in Christian reconstructionism, and sees the eventual Dominion envisioned by theologians R. J. Rushdoony and Gary North as "totalitarian. There is no room for any other view or policy, no democratic tolerance for rival ...
Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to ...
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 Free Exercise Clause prohibits government interference with religious belief and, within limits, religious practice. [2] To accept any creed or the practice of any form of worship cannot be compelled by laws, because, as stated by the Supreme Court in Braunfeld v. Brown, the freedom to hold religious beliefs and opinions is absolute. [3]
Major criticism of religious democracy include criticism from the secular and the legalist points of view. [4] [5] From the secular point of view, religion is a hindrance to democracy as it enforces a set of legal and societal principles. Separation of religion and state is required to protect freedom and ensure equality.
In strict terms kleptocracy is not a form of government but a characteristic of a government engaged in such behavior. Nepotocracy Rule by nephews; favouritism granted to relatives regardless of merit ; a system of governance in which importance is given to the relatives of those already in power, like a nephew (where the word comes from).
Catholic thinkers believed that government authority was to be limited by natural and customary laws, as well as independent institutions such as the Church. [2] Even papal authority should be balanced by the secular nobility (episcopalism) and the Church hierarchy (election of the Pope by the conclave , and the conciliar movement ).