Strict Sense of The Term
Strict construction requires a judge to apply the text only as it is spoken. Once the court has a clear meaning of the text, no further investigation is required. Judges should avoid drawing inferences from a statute or constitution and focus only on the text itself. Justice Hugo Black argued that the First Amendment's injunction, that Congress shall make no law (against certain civil rights), should be construed strictly: no law, thought Black, admits no exceptions. Ironically, Black's legacy is as a judicial activist. However, "strict construction" is not a synonym for textualism or originalism, and many adherents of the latter two philosophies are thus misidentified as "strict constructionists."
The term is often contrasted with the phrase "judicial activism," used to describe judges who seek to enact legislation through court rulings, although the two terms are not actually opposites.
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Famous quotes containing the words strict sense, strict, sense and/or term:
“We know what boredom is: it is a dull
Impatience or a fierce velleity,
A champing wish, stalled by our lassitude,
To make or do. In the strict sense, of course,
We invent nothing, merely bearing witness
To what each morning brings again to light:”
—Richard Wilbur (b. 1921)
“Compassion is frequently a sense of our own misfortunes, in those of other men; it is an ingenious foresight of the disasters that may fall upon us hereafter. We relieve others, that they may return the like when our occasions call for it; and the good offices we do them are, in strict speaking, so many kindnesses done to ourselves beforehand.”
—François, Duc De La Rochefoucauld (1613–1680)
“Words are like leaves; and where they most abound,
Much fruit of sense beneath is rarely found.”
—Alexander Pope (1688–1744)
“We term sleep a death ... by which we may be literally said to die daily; in fine, so like death, I dare not trust it without my prayers.”
—Thomas Browne (1605–1682)