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. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself.
Strict vs. Loose Construction Outline & Analysis – Study.com
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How would you describe someone who is a strict constructionist of the Constitution?
A strict constructionist is someone who believes that the text of the Constitution is not open to interpretation and that the words in the Constitution are literal. This philosophy is usually associated with the federal judiciary regarding cases that involve Constitutional matters.
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What are the views of a strict constructionist?
Strict construction is the belief that the Constitution is a static document that should be followed to the letter. Strict constructionists believe that the interpretation of the Constitution should be either based on the literal meaning of its words or adhere to the original intent of the Founders.
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What is a strict view of the Constitution?
Strict construction refers to a philosophy of constitutional interpretation that holds that the Constitution should be interpreted and applied based on a precise reading of the text and the text alone.
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What is loose or strict construction of the Constitution?
What is strict construction? Strict construction means that the Federal government has very limited powers. What is loose construction? Loose construction means that the Constitution gives the Federal government broad powers to do what is necessary.
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What is a strict constructionist view of the Constitution?
Strict constructionisim, or original intent, is a theory limiting interpretation of legal and constitutional language to the literal meaning of this language at the time of passage. This theory contrasts with a loose construction of laws, which allows broader discretion by judges to determine intent in legal language.
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What is meant by a strict constructionist?
noun. : one who favors giving a narrow conservative construction of a given document or instrument. specifically : one who favors a strict construction of the Constitution of the United States compare loose constructionist.
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What is a strict reading of the Constitution?
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. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself.
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What is a strict and loose interpretation of the Constitution?
The Loose interpretation states that the Federal government can do what is good for the country even if the Constitution doesn’t explicitly allow it, but the Strict interpretation states that the Federal government can only do what the Constitution says it can do.
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Who had a stricter interpretation of the Constitution?
Thomas Jefferson favored a strict interpretation of the Constitution, which he interpreted as forbidding everything it did not expressly permit.
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Which does a strict constructionist believe?
1. Strict Constructionists believed that Congress should exercise only its expressed powers and those powers absolutely necessary to carry out those expressed powers.
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What is meant by strict and loose construction?
Strict constructionisim, or original intent, is a theory limiting interpretation of legal and constitutional language to the literal meaning of this language at the time of passage. This theory contrasts with a loose construction of laws, which allows broader discretion by judges to determine intent in legal language.
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What is the definition of loose construction of the Constitution?
Loose Constructionism is the judicial philosophy whereby the Constitution is interpreted loosely, typically reading between the lines, to extract a meaning. When practicing loose constructionism, justices will take an issue and look at the context of it, and then at the constitution.
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What is a strict view of the Constitution?
Strict construction refers to a philosophy of constitutional interpretation that holds that the Constitution should be interpreted and applied based on a precise reading of the text and the text alone.
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What is a strict view of the Constitution?
Strict construction refers to a philosophy of constitutional interpretation that holds that the Constitution should be interpreted and applied based on a precise reading of the text and the text alone.
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What was the argument of the strict constructionists?
One faction, the strict constructionists, was led by Thomas Jefferson. Arguing that “that government is best which governs least,” the strict constructionists desired a small federal government, one that would leave most power to the states and to the people.
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Who believed in strict construction of the Constitution?
Thomas Jefferson’s Febr, opinion on the constitutionality of a national bank is considered one of the stellar statements on the limited powers and strict construction of the Federal Constitution.
