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:
“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 General Order is always to manoeuver in a body and on the attack; to maintain strict but not pettifogging discipline; to keep the troops constantly at the ready; to employ the utmost vigilance on sentry go; to use the bayonet on every possible occasion; and to follow up the enemy remorselessly until he is utterly destroyed.”
—Lazare Carnot (1753–1823)
“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)
“A radical is one of whom people say “He goes too far.” A conservative, on the other hand, is one who “doesn’t go far enough.” Then there is the reactionary, “one who doesn’t go at all.” All these terms are more or less objectionable, wherefore we have coined the term “progressive.” I should say that a progressive is one who insists upon recognizing new facts as they present themselves—one who adjusts legislation to these new facts.”
—Woodrow Wilson (1856–1924)