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, strict, sense and/or term:
“We know what boredom is: it is a dull
Impatience or a fierce velleity,
A champing wish, stalled by our lassitude,
To make or do. In the strict sense, of course,
We invent nothing, merely bearing witness
To what each morning brings again to light:”
—Richard Wilbur (b. 1921)
“A strict observance of the written laws is doubtless one of the high virtues of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation.”
—Thomas Jefferson (1743–1826)
“No sense in no sense innocence of what of not and what of delight. In no sense innocence in no sense and what in delight and not, in no sense innocence in no sense no sense what, in no sense and delight, and in no sense and delight and not in no sense and delight and not, no sense in no sense innocence and delight.”
—Gertrude Stein (1874–1946)
“In eloquence, the great triumphs of the art are when the orator is lifted above himself; when consciously he makes himself the mere tongue of the occasion and the hour, and says what cannot but be said. Hence the term abandonment, to describe the self-surrender of the orator.”
—Ralph Waldo Emerson (1803–1882)