Loose construction vs strict construction

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 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 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 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.

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.”

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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.

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 is a concurring opinion what is a dissenting opinion quizlet?

Concurring Opinion . an opinion that agrees with the court’s disposition of the case but is written to express a particular judge’s reasoning. Dissenting Opinion . an opinion that disagrees with the court’s disposition of the case. Judicial Review.

Why did the framers adopt the principle of separation of powers and develop a system of checks and balances quizlet?

Why did the framers develop a system of checks and balances ? They were very concerned about achieving a balance between a strong national government and protection for American freedoms. Dividing the federal government into 3 branches was one way they hoped to limit the government’s power .

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.

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Why did the framers of the US Constitution separate powers and provide for a system of checks and balances quizlet?

The separated and balanced the powers among the different branches. Gave each branch a way to check the use of power by the other branches to protect the rights and welfare of people. Checking powers gives each branch a way to stop the other branch from making final decisions or from taking certain actions.