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)
“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)
“The hearts of Afro-American women are too warm and too large for race hatred. Long suffering has so chastened them that they are developing a special sense of sympathy for all who suffer and fail of justice.”
—Fannie Barrier Williams (1855–1944)
“Dead drunk
is the term I think of,
insensible,
neither cool nor warm,
without a head or a foot.
To be drunk is to be intimate with a fool.”
—Anne Sexton (1928–1974)