Difference between strict and loose construction

What is a loose construction?

loose construction is where you bend the constitution. Hamilton said that if it was not in the constitution than you could do it.

What does strict construction mean?

Strict construction requires a judge to apply the text only as it is written. Once the court has a clear meaning of the text, no further investigation is required. The term often contrasts with the phrase “judicial activism”, used to describe judges who seek to enact legislation through court rulings.

What is a strict construction of the Constitution quizlet?

Strict construction means that the Federal government has very limited powers. Loose construction means that the Constitution gives the Federal government broad powers to do what is necessary.

What is the difference between a strict constructionist and a broad constructionist quizlet?

What is the difference between a strict constructionist and a broad constructionist ? Those who believe that the text of the Constitution is important and that any interpretation should be kept to a minimum have traditionally been known as strict constructionists , while others prefer the term originalists.

What did Thomas Jefferson say about the Constitution?

In his mind, “no society can make a perpetual constitution , or even a perpetual law”. The only “umpire” between the generations was the law of nature.”

What is the rule of strict construction?

The rule of lenity, also called the rule of strict construction , is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.

What did the strict constructionists believe?

Judicial conservatives, also known as originalists or strict constructionists , believe that the Constitution should be interpreted strictly, in light of its original meaning when it was written.

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What does it mean to be a constructionist?

noun. a person who construes or interprets, especially laws or the like, in a specific manner: a strict constructionist .

Did Marshall favor loose construction?

When it suited their goals, Marshall’s critics supported loose construction . For example, to justify an administrative and legislative program imposing an embargo on France and England, President Jefferson interpreted broadly presidential and congressional authority to terminate and influence commerce.

When was the Constitution signed?

September 17, 1787

What is a concurring opinion quizlet?

Concurring Opinion . an opinion that supports the majority decision, but also stresses a different constitutional or legal basis for the judgment. Court of appeal (circuit) courts which have the power to review all final decisions of district courts, except in instances requiring direct review by the Supreme Court.

What are the six purposes of government as outlined by the Constitution’s preamble?

C Preamble Correct – The Preamble states the six purposes of government : to form a more perfect union; establish justice; insure domestic tranquility; provide for the common defense; promote the general welfare; secure the blessings of liberty now and in the future.

What characteristic of the constitution has kept it relevant and flexible?

“The characteristic that gave the Constitution flexibility was the fact there was a degree of interpretation inherent in the document.” The writers put broad principles to allow future generation to interpret as needed. Rather than laws they gave us guidelines. Like having principles instead of laws.

What is the difference between separation of powers and checks and balances quizlet?

What is the difference between separation of powers and checks and balances ? Separation of powers divides the national government into three branches. Checks and balances refers to the power that each branch exerts over the others and keeps them from becoming more powerful than one another.