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.
Read more about this topic: Strict Constructionism
Famous quotes containing the words strict sense, strict, sense and/or term:
“One of the most horrible, yet most important, discoveries of our age has been that, if you really wish to destroy a person and turn him into an automaton, the surest method is not physical torture, in the strict sense, but simply to keep him awake, i.e., in an existential relation to life without intermission.”
—W.H. (Wystan Hugh)
“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)
“To try to control a nine-month-old’s clinginess by forcing him away is a mistake, because it counteracts a normal part of the child’s development. To think that the child is clinging to you because he is spoiled is nonsense. Clinginess is not a discipline issue, at least not in the sense of correcting a wrongdoing.”
—Lawrence Balter (20th century)
“We now demand the light artillery of the intellect; we need the curt, the condensed, the pointed, the readily diffused—in place of the verbose, the detailed, the voluminous, the inaccessible. On the other hand, the lightness of the artillery should not degenerate into pop-gunnery—by which term we may designate the character of the greater portion of the newspaper press—their sole legitimate object being the discussion of ephemeral matters in an ephemeral manner.”
—Edgar Allan Poe (1809–1845)