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:
“Commercial jazz, soap opera, pulp fiction, comic strips, the movies set the images, mannerisms, standards, and aims of the urban masses. In one way or another, everyone is equal before these cultural machines; like technology itself, the mass media are nearly universal in their incidence and appeal. They are a kind of common denominator, a kind of scheme for pre-scheduled, mass emotions.”
—C. Wright Mills (1916–62)
“There are ... two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.”
—H.L.A. (Herbert Lionel Adolphus)