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:
“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)
“However great a man’s fear of life, suicide remains the courageous act, the clear-headed act of a mathematician. The suicide has judged by the laws of chance—so many odds against one that to live will be more miserable than to die. His sense of mathematics is greater than his sense of survival. But think how a sense of survival must clamour to be heard at the last moment, what excuses it must present of a totally unscientific nature.”
—Graham Greene (1904–1991)
“... feminism is a political term and it must be recognized as such: it is political in women’s terms. What are these terms? Essentially it means making connections: between personal power and economic power, between domestic oppression and labor exploitation, between plants and chemicals, feelings and theories; it means making connections between our inside worlds and the outside world.”
—Anica Vesel Mander, U.S. author and feminist, and Anne Kent Rush (b. 1945)