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:
“Should you be unfortunate enough to have vices, you may, to a certain degree, even dignify them by a strict observance of decorum; at least they will lose something of their natural turpitude.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
“A man should give us a sense of mass.”
—Ralph Waldo Emerson (1803–1882)
“Orlando. Who stays it still withal?
Rosalind. With lawyers in the vacation; for they sleep
between term and term, and then they perceive not how Time
moves.”
—William Shakespeare (1564–1616)