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)
“The right honourable gentleman caught the Whigs bathing, and walked away with their clothes. He has left them in the full enjoyment of their liberal positions, and he is himself a strict conservative of their garments.”
—Benjamin Disraeli (1804–1881)
“Taste is the common sense of genius.”
—Victor Hugo (1802–1885)
“No—is a term very frequently employed by the fair, when they mean everything else but a negative. Their yes is always yes; but their no is not always no.”
—Anonymous, U.S. women’s magazine contributor. M, Weekly Visitor or Ladies Miscellany, p. 203 (April 1803)