What is a strict construction of the Constitution?
Strict sense of the term Strict construction requires a judge to apply the text only as it is written. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself.
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 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 did strict constructionists believe regarding the Constitution and the elastic clause?
Strict Constructionists : Those who felt that the Constitution should be read literally and that the elastic clause should be used only for expanding the powers of Congress in cases where the expansion is absolutely necessary.
What does Textualism mean?
Textualism is a method of statutory interpretation whereby the plain text of a statute is used to determine the meaning of the legislation. Instead of attempting to determine statutory purpose or legislative intent, textualists adhere to the objective meaning of the legal text.
How many amendments does the Constitution have?
What does strictly construed mean?
This means that a court must make a decision based on the language used in writing a statute and must make no interpretation of a law.
What does liberally construed mean?
A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document. For example, faced with an ambiguous article in a statute, a liberal construction would allow a judge to consider the purpose and object of a statute before deciding what the article actually means .
What is the definition of stare decisis?
Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis is a Latin term meaning “to stand by that which is decided.”
When was the Constitution signed?
September 17, 1787
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.
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 an expressed power quizlet?
Expressed Power . those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the “enumerated powers ” The Power to Tax. constitutionally-granted power of a government to impose and collect taxes, as the means of raising revenue within its jurisdiction.