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)
“It is a mass language only in the same sense that its baseball slang is born of baseball players. That is, it is a language which is being molded by writers to do delicate things and yet be within the grasp of superficially educated people. It is not a natural growth, much as its proletarian writers would like to think so. But compared with it at its best, English has reached the Alexandrian stage of formalism and decay.”
—Raymond Chandler (1888–1959)
“No—is a term very frequently employed by the fair, when they mean everything else but a negative. Their yes is always yes; but their no is not always no.”
—Anonymous, U.S. women’s magazine contributor. M, Weekly Visitor or Ladies Miscellany, p. 203 (April 1803)