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:
“Row after row with strict impunity
The headstones yield their names to the element,
The wind whirrs without recollection....”
—Allen Tate (1899–1979)
“A poem is like a person. Though it has a family tree, it is important not because of its ancestors but because of its individuality. The poem, like any human being, is something more than its most complete analysis. Like any human being, it gives a sense of unified individuality which no summary of its qualities can reproduce; and at the same time a sense of variety which is beyond satisfactory final analysis.”
—Donald Stauffer (b. 1930)
“A radical is one of whom people say “He goes too far.” A conservative, on the other hand, is one who “doesn’t go far enough.” Then there is the reactionary, “one who doesn’t go at all.” All these terms are more or less objectionable, wherefore we have coined the term “progressive.” I should say that a progressive is one who insists upon recognizing new facts as they present themselves—one who adjusts legislation to these new facts.”
—Woodrow Wilson (1856–1924)