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)
“Friends serve central functions for children that parents do not, and they play a critical role in shaping children’s social skills and their sense of identity. . . . The difference between a child with close friendships and a child who wants to make friends but is unable to can be the difference between a child who is happy and a child who is distressed in one large area of life.”
—Zick Rubin (20th century)
“It’s given new meaning to me of the scientific term black hole.”
—Don Logan, U.S. businessman, president and chief executive of Time Inc. His response when asked how much his company had spent in the last year to develop Pathfinder, Time Inc.’S site on the World Wide Web. Quoted in New York Times, p. D7 (November 13, 1995)