While strict constructionism is often thought of as a way of interpreting the Constitution, it may also be used to interpret laws and other legal texts. As the debates proceeded, understandings evolved and clarified, and positions changed. While construction begins, engineering is continuing, and we tend to call it a design build project. Does the Constitution require sharply limited government, or does it allow government to gain broad new powers as needed to deal with new challenges as the world changes? Cursus curiæ est lex curiæ. There is nothing inherently wrong with making prudential or equitable decisions. Congress takes possession of a republic that had been part of another country. Loose construction is based on the idea that the Founding Fathers could not have foreseen what the world would be like in the 21st Century, and that the Constitution must thus be interpreted in light of historic and societal change.
You spelled 'the' wrong in the second bullet point. Every right recognized by the Constitution is an immunity, that is, a right against a positive action by government, and is equivalent to a restriction on delegated powers. A Liberal will take a loose interpretation of the Constitution as his strategy for accomplishing the necessary goals while a Conservative will adhere strictly to the text to guide them in what must be done. Anything not given to the federal government in th … e Constitution would be given to the states and the people. Carter case, when the Supreme Court had to decide if the Constitution provided house guests with the same right to privacy as their hosts.
There can be no authority exercised that is not accountable through constitutional officials. Decision based on what is required or advised by the laws of nature, or perhaps of human nature, and on what is physically or economically possible or practical, or on what is actually likely to occur. In this understanding, the range of protected rights cannot be limited to those that are explicitly listed in the Constitution or were implicitly recognized in the late eighteenth century. Manufacturing is producing goods, i. Decision based on prevailing practices or opinions of legal professionals, mainly legislative, executive, or judicial precedents, according to the meta-doctrine of stare decisis, which treats the principles according to which court decisions have been made as not merely advisory but as normative.
Thus, politicians who identified themselves as strict constructionists embraced an approach to constitutional interpretation that resembles what we today call originalism. One such consideration, avoidance of disturbing a stable body of practices, is also the main motivation for the doctrinal method. Terry Strict Construction- Philosophy of narrowly interpreting the Constitution; holds that the government can only do what the Constitution specifically allows. It is one thing to treat a decision as a precedent that clarifies some ambiguity in the constitution, but quite another to essentially insert a prudential or equitable decision into the constitution as a kind of amendment. Hamilton's vision called for the government to organize banks, build roads, and invest in other useful infrastructure, all in the interest of transforming the young United States from a country of farmers into a thriving economic powerhouse.
Both originalism and strict construction are closely associated with political conservatism and are often integrated in public discourse. But that is not something one can demonstrate to others. The idea of strict and loose interpretation is fought about even to this day. Too many lawyers are complicit in this by casting what are essentially prudential or equitable arguments into constitutional terms. Verba intelligi ut aliquid operantur debent.
There was no authorization in the Constitution, and he was convinced that all powers not specifically granted to the central goverment were reserved to the states supported by 10th amendment in Bill of Rights. Spain closes the port of New Orleans to U. An example of this can be seen in the comments by Dickenson in the Federal Convention , about ex post facto only applying to criminal cases, after researching the topic in Blackstone's. . For instance, an adherent of strict construction would resist declaring there to be constitutionally protected rights that are not explicitly enumerated in the text of the document. All of the engineering comes latter for times sake. 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.
But what does it mean to promote the general welfare? Only a very strict reading of the Necessary and Proper Clause, he thought, would prevent the government from giving itself more and more unnecessary power over citizens' lives. Gary Lawson, The Constitutional Case Against Precedent, 17 Harv. This leads to the admonition that the English used in the and other legal documents of the 18th century should be read as a foreign language, putting aside today's meanings of what seem to be the same words we use today, and attempting to decode the meanings from various clues we can find. But words are an imperfect way to convey meanings, and if the recipient of the command cannot interrogate the lawgiver for his meaning, he must try to improve his mental model of the lawgiver's mental model by such means as learning to accurately predict what the lawgiver will write about matters the recipient has not previously read. Hamilton won out in the end. A Latin maxim is Nemo aliquam partem recte intelligere potest antequam totum perlegit. Res judicata pro veritate accipitur.
The Liberal will counter that it is not the right itself that is being regulated but the exercise of that right that is being regulated and then the Conservative will challenge the Liberal to show where in the Constitution that the power to regulate the exercise of freedom was granted to government officials and the debate will continue going back and forth, round and round leaving everyone in between bored and agitated while gradual apathy creeps into their politics and so it remains that it is Liberals and Conservatives who stay the course while everyone in between follows. Arizona in 1966 mandated that arrestees be explicitly informed of their procedural rights, and Roe v. This term is often used to contrast with strict construction, a philosophy that favors looking solely at the written text of the law. The federal government has only the power to do exactly as the Constitution says. There are no internal logical contradictions, except that a provision of an amendment inconsistent with a previous provision supersedes that provision.