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:
“Science asks no questions about the ontological pedigree or a priori character of a theory, but is content to judge it by its performance; and it is thus that a knowledge of nature, having all the certainty which the senses are competent to inspire, has been attained—a knowledge which maintains a strict neutrality toward all philosophical systems and concerns itself not with the genesis or a priori grounds of ideas.”
—Chauncey Wright (1830–1875)
“The Sovereign has, under a constitutional monarchy such as ours, three rights—the right to be consulted, the right to encourage, the right to warn. And a king of great sense and sagacity would want no others.”
—Walter Bagehot (1826–1877)
“As the term of my relief from this place [Washington, D.C.] approaches, it’s drudgery becomes more nauseating and intolerable, and my impatience to be with you at Monticello increases daily.”
—Thomas Jefferson (1743–1826)