Simone Lawson
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 demands a literal and narrow interpretation of the Constitution, adhering closely to the text as it was originally written. This philosophy is often associated with conservative judges or legal analysts and has been embraced by Republican presidents such as Ronald Reagan, George W. Bush, and Donald Trump. The term was popularized by President Richard Nixon during his 1968 campaign, where he promised to appoint strict constructionists to the courts. This approach to constitutional interpretation has been a topic of debate, with some arguing that it ensures the Constitution serves as a steadfast legal anchor, while others believe it lacks a clear definition and is simply a political slogan.
| Characteristics | Values |
|---|---|
| Judicial interpretation | Limit or restrict the powers of the federal government |
| Only powers expressly granted to the government by the Constitution | |
| Literal interpretation | Applied as it is written |
| Contradicts commonly understood meaning | |
| Impartial and trusted arbiter | |
| Bolsters credibility of the Supreme Court | |
| Upholds integrity of the Supreme Court | |
| Original intent | Limit interpretation of legal and constitutional language |
| Interpret law from political changes | |
| Protect interpretation of laws | |
| Expand the Supreme Court's ability to interpret the constitutionality of laws | |
| Interpret the Constitution's taxation clause |
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What You'll Learn
Judicial interpretation
Strict constructionism, also referred to as "original intent", stands in contrast to loose constructionism, or the "living document" approach. While strict constructionists advocate for a rigid interpretation of the Constitution's original text, loose constructionists allow for broader discretion by judges to determine intent and adapt the Constitution to modern times. This contrast is exemplified in two notable Supreme Court cases.
In the first case, *Dobbs v. Jackson Women's Health Org.* (2022), the Supreme Court, through a strict constructionist lens, ruled that abortion was not mentioned in the Constitution and thus left its regulation to individual states. This ruling sparked criticism from liberals who expected a political stance from the Court. However, the Court's impartial and text-based approach aligned with strict constructionist principles.
The second case, *Nat'l Fed'n of Indep. Bus. v. Sebelius* (2012), involved Chief Justice Roberts taking a strict constructionist approach to interpret the Constitution's taxation clause, ruling in favour of the individual mandate in Obama's healthcare law despite his probable personal disagreement.
The interpretation of the Constitution through a strict constructionist lens has been a point of contention among judges and legal scholars. Some, like Supreme Court Justice William Brennan, oppose this philosophy, while others advocate for its use to maintain the Supreme Court's role as a neutral arbiter in legal disputes. Proponents of strict constructionism argue that it bolsters the credibility of the Court and helps restore faith in the legal system.
In conclusion, judicial interpretation through strict constructionism significantly shapes how judges view and apply the United States Constitution. This philosophy's emphasis on a literal interpretation of the Constitution's text influences Supreme Court rulings and contributes to ongoing debates about the role and scope of the federal government.
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State's rights
Strict constructionism is a theory that demands a literal and narrow interpretation of the United States Constitution, adhering closely to the text as it was originally written. It is often contrasted with the "living document" approach, which states that the Constitution must adapt and evolve to meet the changing needs of society.
Strict constructionism is associated with the belief that the Constitution should be interpreted based on the literal and narrow definition of the language, without considering the differences in conditions when it was originally written. This interpretation often leads to a preference for state power over federal power, as seen in the example of Thomas Jefferson's opinion arguing against the constitutionality of a national bank.
In terms of states' rights, strict constructionists would argue that the Constitution should be interpreted to favour state power and maintain a limited federal government. They believe that the Constitution was written to ensure that the bulk of governmental power would remain with the states and not be usurped by the federal government through novel interpretations of its powers.
For instance, 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, leaving it up to individual states to regulate. Similarly, in Nat’l Fed’n of Indep. Bus. v. Sebelius, Chief Justice Roberts interpreted the Constitution's taxation clause strictly, ruling in favour of the mandate despite his probable personal disagreement.
Strict constructionists believe that interpreting the Constitution strictly is the only logical method for Supreme Court justices to interpret, apply, and protect it. This approach is seen as a way to maintain the Supreme Court's role as a neutral arbiter in contentious legal issues, rather than converting it into a third political branch.
However, critics argue that strict constructionism is not a coherent philosophy and that the term is often misused or co-opted for political purposes. Some scholars suggest that the term is used as a coded label for judicial decisions that align with a particular political party's agenda.
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Original intent
Strict constructionism, or original intent, is a theory that limits the interpretation of legal and constitutional language to the literal meaning of the text as it was originally written. This means that the text of a provision in a statute should be applied as it is written, without considering other reasonable implications. This is in contrast to liberal construction, where the doctrine of reasonability and fairness is applied to satisfy the overlying objective and intent of the statute.
In the United States, strict constructionism is a legal philosophy of judicial interpretation that restricts the powers of the federal government only to those expressly granted to it by the Constitution. This philosophy is often embraced by those who wish to ensure that the bulk of governmental power remains with the states and is not usurped by the federal government.
Justices described as strict constructionists tend to favour states' rights over the rights of the federal government and are often labelled as conservatives. An example of this is Associate Justice Hugo Black's interpretation of the First Amendment.
Strict constructionism is one of the two dominant philosophies of interpreting the Constitution, the other being the living document approach. The living document approach argues that the Constitution must adapt and evolve to meet the changing needs of society. On the other hand, strict constructionism maintains that the Constitution serves as a steadfast legal anchor, ensuring that the Supreme Court remains an impartial and trusted arbiter.
Some have argued that strict constructionism is not a coherent philosophy of law, but rather a coded label for judicial decisions that align with a particular political party. For example, Supreme Court Justice Antonin Scalia, a proponent of textualism, stated that “no one ought to be a strict constructionist" because the literal interpretation of a text can conflict with its commonly understood or original meaning.
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Impartiality
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 demands a literal and narrow interpretation of the Constitution, adhering closely to the text as it was originally written. This philosophy is often associated with impartiality and is considered by some to be the only logical method for Supreme Court justices to interpret, apply, and protect the Constitution.
The strict constructionist approach is based on the belief that the text of a provision in a statute should be applied as it is written, without considering other reasonable implications. This can be contrasted with liberal construction, where the doctrine of reasonability and fairness is applied to interpret the statute's intent. In the United States, strict constructionism is sometimes embraced as a way to ensure that the bulk of governmental power remains with the states and is not usurped by the federal government through novel interpretations of its powers.
The interpretation of the United States Constitution often falls into two dominant philosophies: strict constructionism and the living document approach. The living document approach champions the idea that the Constitution must adapt and evolve to meet the changing needs of society. On the other hand, strict constructionism seeks to maintain the Constitution as a legal anchor, bolstering the credibility of the Supreme Court as an impartial arbiter. This impartiality is believed to restore faith in the legal system and preserve the integrity of the Supreme Court.
While some proponents of strict constructionism argue that it is the only logical method for interpreting the Constitution, others disagree. Supreme Court Justice Antonin Scalia, a major proponent of textualism, stated that "no one ought to be" a strict constructionist because the literal interpretation of a text can conflict with its commonly understood or original meaning. Similarly, many of the original framers of the Constitution, such as Washington, Hamilton, and Adams, took broad interpretations of the powers afforded to the federal government.
In conclusion, strict constructionism is a legal philosophy that seeks to uphold the impartiality of the Supreme Court by interpreting the Constitution literally and narrowly. This approach aims to maintain the integrity of the Court and ensure that the federal government's powers are limited to those expressly granted by the Constitution. While some argue that strict constructionism is essential for impartiality, others believe that it can conflict with the original intent and commonly understood meaning of the text.
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Textualism vs originalism
Strict constructionism is a legal philosophy of judicial interpretation that restricts 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, which can sometimes conflict with the commonly understood meaning of a law.
Textualism and originalism are often confused with strict constructionism, but they are distinct concepts. Textualism, as advocated by Supreme Court Justice Antonin Scalia, interprets the law as exactly what it says and nothing more. Textualists focus on the text itself and its original linguistic meaning at the time of enactment. They resist the urge to consider legislative intention and history, believing that the meaning of a statute should not be determined by what judges think the Constitution makers meant.
Originalism, on the other hand, interprets a law using the meanings of the words at the time the law was written, instead of their current meanings. This method is usually applied when interpreting older laws, as word meanings don't change very quickly. Proponents of originalism often also support strict constructionism, as slight changes in word meanings are unlikely to alter a loose constructionist's interpretation.
While textualism and originalism share an antipathy towards interpreting a statute by its purpose, they differ in their approaches. Textualism is more literal and unthinking, focusing on the exact words written in the law, while originalism considers the original intent and understanding of the law when it was written.
In conclusion, strict constructionism, textualism, and originalism are distinct but related concepts. Strict constructionism focuses on limiting federal government powers, textualism emphasizes interpreting laws literally and as written, and originalism considers the original meanings and understandings of the words used in a law. These philosophies influence how judges interpret the Constitution and laws, with implications for the scope of governmental powers and individual rights.
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Frequently asked questions
Strict constructionism is a particular legal philosophy of judicial interpretation that limits the powers of the federal government to those expressly granted to it by the United States Constitution. It requires a judge to apply the text as it is expressly written, or in other words, a literal interpretation of the law.
Originalism is a theory that accords binding authority to the intentions of the authors of the Constitution, or the "original intent" of the Founding Fathers. While strict constructionism is often confused with originalism, they are not the same and frequently contradict each other.
The opposite of strict constructionism is liberal construction, where the doctrine of reasonability and fairness is applied while interpreting to satisfy the overlying objective and intent of the statute.
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 maintain the role of the Supreme Court as a neutral arbiter in contentious legal issues, rather than a third political branch.
In the case of Dobbs v. Jackson Women's Health Org. (2022), the Supreme Court pointed out that abortion is not mentioned in the Constitution and that it is therefore up to individual states to regulate. The Court took an impartial and logical approach, basing their ruling strictly on the text of the Constitution.
