Common Use
"Strict constructionism" is also used in American political discourse as an umbrella term for conservative legal philosophies such as originalism and textualism, which emphasize judicial restraint and fidelity to the original meaning (or originally intended meaning) of constitutions and laws. It is frequently used even more loosely to describe any conservative judge or legal analyst. This usage is pervasive, but in some tension with the legal meaning of the term. For example, on the campaign trail in 2000, when speaking on his choices for new Supreme Court Justices, President George W. Bush promised to appoint "strict constructionists in the mold of Justices Rehnquist, Scalia, and Thomas," though Thomas considers himself an originalist, and Scalia outright rejects strict construction, calling it "a degraded form of textualism," his modus operandi.
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Famous quotes containing the word common:
“It is surely a matter of common observation that a man who knows no one thing intimately has no views worth hearing on things in general. The farmer philosophizes in terms of crops, soils, markets, and implements, the mechanic generalizes his experiences of wood and iron, the seaman reaches similar conclusions by his own special road; and if the scholar keeps pace with these it must be by an equally virile productivity.”
—Charles Horton Cooley (1864–1929)
“Like other high subjects, the Law gives no ground to common sense.”
—Mason Cooley (b. 1927)