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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 ...
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.
A third religious orientation proposed by Batson is the quest orientation. People with this orientation treat their religion not as a means or an end, but a search for truth. As Batson said, "An individual who approaches religion in this way recognizes that he or she does not know, and probably never will know, the final truth about such matters.
Anton LaVey, founder of the Church of Satan, espoused the view that "god" is a creation of man, rather than man being a creation of "god". In his book, The Satanic Bible, the Satanist's view of god is described as the Satanist's true "self"—a projection of his or her own personality—not an external deity. [80]
To satisfy the strict scrutiny standard, the law or policy must: be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national ...
The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
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.
Postmodern religion acknowledges and accepts different versions of truth. For example, rituals, beliefs and practices can be invented, transformed, created and reworked based on constantly shifting and changing realities, individual preferences, myths, legends, archetypes, rituals and cultural values and beliefs.