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.
Read more about this topic: Strict Constructionism
Famous quotes containing the words strict, sense and/or term:
“The General Order is always to manoeuver in a body and on the attack; to maintain strict but not pettifogging discipline; to keep the troops constantly at the ready; to employ the utmost vigilance on sentry go; to use the bayonet on every possible occasion; and to follow up the enemy remorselessly until he is utterly destroyed.”
—Lazare Carnot (1753–1823)
“To understand
The signs that stars compose, we need depend
Only on stars that are entirely there
And the apparent space between them. There
Never need be lines between them, puzzling
Our sense of what is what.”
—John Hollander (b. 1929)
“Frankly, I do not like the idea of conversations to define the term “unconditional surrender.” ... The German people can have dinned into their ears what I said in my Christmas Eve speech—in effect, that we have no thought of destroying the German people and that we want them to live through the generations like other European peoples on condition, of course, that they get rid of their present philosophy of conquest.”
—Franklin D. Roosevelt (1882–1945)