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 and/or term:
“My father and I were always on the most distant terms when I was a boy—a sort of armed neutrality, so to speak. At irregular intervals this neutrality was broken, and suffering ensued; but I will be candid enough to say that the breaking and the suffering were always divided up with strict impartiality between us—which is to say, my father did the breaking, and I did the suffering.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“In one sense it is evident that the art of kingship does include the art of lawmaking. But the political ideal is not full authority for laws but rather full authority for a man who understands the art of kingship and has kingly ability.”
—Plato (428–348 B.C.)
“We now demand the light artillery of the intellect; we need the curt, the condensed, the pointed, the readily diffused—in place of the verbose, the detailed, the voluminous, the inaccessible. On the other hand, the lightness of the artillery should not degenerate into pop-gunnery—by which term we may designate the character of the greater portion of the newspaper press—their sole legitimate object being the discussion of ephemeral matters in an ephemeral manner.”
—Edgar Allan Poe (1809–1845)