Eleanor Finch
Strict constructionism is a legal philosophy of judicial interpretation that limits the powers of the federal government to those expressly granted by the United States Constitution. It requires a judge to interpret the Constitution literally, adhering closely to the text as it was originally written. This approach, also known as originalism, has been embraced by conservative politicians and legal analysts who wish to prevent the federal government from usurping power from the states. In contrast to the `living document` approach, which allows the Constitution to adapt to changing societal needs, strict constructionism aims to maintain the integrity of the Supreme Court as a neutral arbiter in legal disputes. While the term has been used as a political slogan, it is often confused with textualism and originalism, which are distinct concepts.
| Characteristics | Values |
|---|---|
| Interpretation of the U.S. Constitution | Literal and narrow interpretation, adhering closely to the original text |
| Powers of the Federal Government | Limited to those expressly granted by the Constitution |
| Judicial Interpretation | Limits the power of judges to interpret the law, requiring a strict reading of the text |
| Application | Used in Criminal Law to limit the scope of statutory interpretation in penal statutes |
| Purpose | To prevent the Supreme Court from becoming a political branch, maintaining its role as a neutral arbiter |
| Comparison with Originalism | Originalism focuses on the "intent of the makers" and can consider outside evidence, while Strict Constructionism only considers the text |
| Comparison with Textualism | Textualism can consider the structure of the document, while Strict Constructionism only considers the text |
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What You'll Learn
- Strict constructionism is a legal philosophy that limits federal government powers
- It requires a literal interpretation of the Constitution
- It is often associated with conservative politics
- It is distinct from originalism and textualism
- It is sometimes criticised for lacking a coherent set of principles
Strict constructionism is a legal philosophy that limits federal government powers
Strict constructionism seeks to ensure that the bulk of governmental power remains with the states, preventing the federal government from usurping power through novel interpretations of its authority. For example, in the case of Dobbs v. Jackson Women's Health Org., the Supreme Court took a strict constructionist approach by pointing out that abortion is not mentioned in the Constitution and, therefore, left it up to individual states to regulate.
The term "strict constructionism" gained prominence in American politics during Richard Nixon's 1968 presidential campaign, when he promised to appoint judges who would adhere to this philosophy. Since then, other Republican presidents and nominees, including George W. Bush, Donald Trump, and John McCain, have also pledged to nominate strict constructionist judges to the courts.
While strict constructionism is often associated with originalism and textualism, they are distinct concepts. Originalism involves interpreting the Constitution as it was understood by its ratifiers or, if the original understanding cannot be determined, how an objective, informed person would have interpreted it at the time. Textualism focuses on interpreting a document based on its words and structure, giving supreme deference to the enacted text.
Critics of strict constructionism argue that it is not a coherent philosophy and can lead to conflicts with the commonly understood or original meaning of the text. For example, Supreme Court Justice Antonin Scalia, a proponent of textualism, rejected strict constructionism, stating that it can result in interpretations that deviate from the original intent of the framers of the Constitution.
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It requires a literal interpretation of the Constitution
Strict constructionism is a legal philosophy of judicial interpretation that requires a literal interpretation of the United States Constitution. It limits the powers of the federal government only to those expressly granted to it by the Constitution. This means that a judge must apply the text as it is expressly written, which can sometimes conflict with the commonly understood meaning of a law.
For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison." While this would commonly be understood as prohibiting the use of a knife to threaten or injure another person, a strict constructionist interpretation would require that the letter of the law be followed exactly as it is written. This would mean that a person who used a knife in the commission of a crime, but did not threaten or injure anyone, would still be sentenced to ten years in prison.
Strict constructionism is often contrasted with the "living document" approach, which holds that the Constitution must adapt and evolve to meet the changing needs of society. Strict constructionists argue that this approach politicalizes the court, allowing justices to interpret the Constitution based on their personal beliefs or societal trends. In contrast, strict constructionism seeks to maintain the role of the court as a neutral arbiter in legal disputes.
Proponents of strict constructionism argue that it is the only logical method for Supreme Court justices to interpret, apply, and protect the Constitution. By adhering closely to the text as it was originally written, strict constructionism recognizes the Constitution as a legal anchor for societal, legal, and moral disputes.
Critics of strict constructionism, such as Supreme Court Justice William Brennan, argue that it is not a valid philosophy of law or theory of interpretation, but rather a coded label for judicial decisions that align with a particular political party.
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It is often associated with conservative politics
Strict constructionism is a legal philosophy of judicial interpretation that limits the powers of the federal government to those expressly granted by the US Constitution. It demands a literal and narrow interpretation of the Constitution, adhering closely to the text as it was originally written.
The use of the term "strict constructionist" in American politics is not new. It was used regularly by members of the Democratic-Republican Party and by Democrats during the antebellum period when they argued against the powers of the federal government. The term is also used loosely to describe any conservative judge or legal analyst.
Strict constructionism is often positioned in opposition to the living document approach to constitutional interpretation, which champions the idea that the Constitution must adapt and evolve to meet the changing needs of society. The living document approach has been criticised for introducing subjectivity into constitutional interpretation and blurring the line between constitutional analysis and political advocacy.
While strict constructionism is associated with conservative politics, it is important to note that it is a specific legal philosophy of interpretation that is distinct from other approaches such as textualism and originalism. These terms are often confused or misused, even by legal professionals and reporters.
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It is distinct from originalism and textualism
Strict constructionism is distinct from originalism and textualism. While originalism and textualism are terms often used in high-profile Supreme Court cases, strict constructionism is a separate philosophy.
Strict constructionism is a legal philosophy of judicial interpretation that limits the powers of the federal government to those expressly granted by the United States Constitution. It requires a judge to interpret the text as it is expressly written, adhering closely to the text as it was originally written. This can be described as a hyper-literal or rigidly literal interpretation, which can conflict with the commonly understood or original meaning.
Textualism, on the other hand, is the theory that legal texts, including the Constitution, should be interpreted based on the text's ordinary meaning. Textualists consider the context in which a provision appears, including surrounding provisions and legal schemes. They do not consider factors outside the text, such as the problem the law addresses or the intent of the drafters. Textualism considers what a reasonable person would understand the text to mean.
Originalism, meanwhile, focuses on the original meaning of the words of the Constitution at the time of passage. Originalists may reference sources such as the Federalist Papers to better understand how people interpreted the Constitution when it was originally written.
While there is some overlap between originalism and textualism, with some figures such as Justice Scalia and Justice Neil Gorsuch identifying with both philosophies, they are distinct from strict constructionism. Most leading textualists and originalists reject strict constructionism, including Justice Scalia, who called it "a degraded form of textualism" and "a long-outmoded approach".
In summary, strict constructionism is a distinct philosophy from originalism and textualism, as it requires a hyper-literal interpretation of the Constitution, whereas textualism and originalism consider the text's ordinary and original meanings, respectively, and allow for consideration of context beyond the text itself.
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It is sometimes criticised for lacking a coherent set of principles
Strict constructionism is a legal philosophy of judicial interpretation that limits the powers of the federal government to those expressly granted by the United States Constitution. It requires judges to interpret the Constitution literally and narrowly, adhering closely to the text as it was originally written. This approach aims to ensure that the bulk of governmental power remains with the states and prevent the federal government from usurping power through novel interpretations.
However, strict constructionism is sometimes criticised for lacking a coherent set of principles. The term is often used loosely and conflated with other interpretive philosophies like textualism and originalism. Constitutional scholar John Hart Ely argued that strict constructionism is not a philosophy of law or theory of interpretation but a label for judicial decisions favoured by a particular political party.
The lack of clarity around the definition of strict constructionism contributes to this criticism. Professor Larry Solum notes that the term may have outgrown its origins, and there is ambiguity regarding its precise meaning. This ambiguity can lead to the incorrect equating of strict constructionism with textualism and originalism, which have distinct meanings and applications.
Furthermore, strict constructionism is criticised for its rigid and literal approach, which can conflict with the commonly understood or original meaning of the text. Supreme Court Justice Antonin Scalia, a proponent of textualism, rejected strict constructionism, stating that it can result in interpretations that deviate from the original intent or commonly understood meaning of the Constitution.
While some argue that strict constructionism is necessary to maintain the integrity and impartiality of the judiciary, critics assert that it can hinder the ability of the law to adapt to changing societal needs. This criticism highlights the ongoing debate between strict constructionism and the living document approach, which advocates for a flexible interpretation of the Constitution to meet contemporary societal requirements.
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Frequently asked questions
Strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly granted to the government by the United States Constitution. It requires a literal and narrow interpretation of the Constitution, adhering closely to the text as it was originally written.
Strict constructionism is often confused with textualism and originalism, but they are not the same and frequently contradict each other. Textualism involves interpreting a document based on its words and structure, while originalism involves reading the Constitution as a court would have immediately after its adoption, taking into account historical context and contemporaneous law.
Strict constructionism ensures that the Constitution serves as a steadfast legal anchor, bolstering the credibility of the Supreme Court as an impartial and trusted arbiter. It helps to maintain the Court's role as a neutral entity in contentious legal issues, preventing the politicization of the Court by removing subjectivity from the interpretation process.
