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)
“The right honourable gentleman caught the Whigs bathing, and walked away with their clothes. He has left them in the full enjoyment of their liberal positions, and he is himself a strict conservative of their garments.”
—Benjamin Disraeli (1804–1881)
“The principles of the good society call for a concern with an order of being—which cannot be proved existentially to the sense organs—where it matters supremely that the human person is inviolable, that reason shall regulate the will, that truth shall prevail over error.”
—Walter Lippmann (1889–1974)
“Frankly, I do not like the idea of conversations to define the term “unconditional surrender.” ... The German people can have dinned into their ears what I said in my Christmas Eve speech—in effect, that we have no thought of destroying the German people and that we want them to live through the generations like other European peoples on condition, of course, that they get rid of their present philosophy of conquest.”
—Franklin D. Roosevelt (1882–1945)