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)
“To safeguard one’s health at the cost of too strict a diet is a tiresome illness indeed.”
—François, Duc De La Rochefoucauld (1613–1680)
“I don’t like your miserable lonely single “front name.” It is so limited, so meagre; it has no versatility; it is weighted down with the sense of responsibility; it is worn threadbare with much use; it is as bad as having only one jacket and one hat; it is like having only one relation, one blood relation, in the world. Never set a child afloat on the flat sea of life with only one sail to catch the wind.”
—D.H. (David Herbert)
“As the term of my relief from this place [Washington, D.C.] approaches, it’s drudgery becomes more nauseating and intolerable, and my impatience to be with you at Monticello increases daily.”
—Thomas Jefferson (1743–1826)