Strict vs loose construction

What is strict constructionism?

In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.

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.

Does a strict or loose interpretation of the Constitution give the federal government more power?

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 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.

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 .

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 does a strict constructionist believe quizlet?

Strict constructionists believed that Congress should exercise only its expressed powers and those powers absolutely necessary to carry out those expressed powers. Implied powers are those reasonably deduced from the expressed powers.

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What is the term for the documents arguing that states could declare federal laws unconstitutional?

The Federalist Papers states that the states have the power to nullify federal law . On the contrary, they say that the power to declare laws unconstitutional concerning is delegated to federal courts, not the states .

Was the Louisiana Purchase strict or loose?

The Louisiana Purchase was very controversial at the time. President Jefferson believed in a strict construction of the US Constitution — unless the Constitution specifically granted a power to the government, the power belonged to the people.

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 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.