Jonah Patel
Strict constructionism, or original intent, is a theory that limits the interpretation of legal and constitutional language to the literal meaning of the text at the time of its passage. This approach to interpreting the constitution has been embraced by conservative politicians, with the term being used regularly by members of the Democratic-Republican Party and Democrats during the antebellum period. Strict constructionism is often used as an umbrella term for conservative legal philosophies, which are more willing to strike down federal laws and regulations that exceed the authorities granted to them by the constitution.
| Characteristics | Values |
|---|---|
| Interpretation | Limited to the literal meaning of the text at the time of passage |
| Political leanings | Conservative |
| Judicial decisions | More willing to strike down federal laws and regulations |
| Powers of the federal government | Should be strictly construed |
| Originalism | Requires examining the previous history and contemporaneous law and commentary |
| Textualism | Interpret the text according to its "objective meaning" |
| Narrow interpretation | When a word or phrase has several meanings, apply the narrowest |
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Originalism
Original public understanding originalism bases the meaning of a constitutional provision on how the public that ratified it would have generally understood it. This approach was championed by conservative originalists in the 1980s, who called for judicial restraint to prevent judges from imposing their own values and political preferences when interpreting the Constitution.
While originalism and strict constructionism are sometimes used interchangeably, they are not the same. Strict constructionism is a very literal, close reading of a text, applying the narrowest meaning of words or phrases with multiple meanings. Originalists like Antonin Scalia reject strict constructionism, arguing that it can conflict with the original or commonly understood meaning of a text.
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Textualism
Textualists argue that the Constitution should be interpreted based on what a reasonable person would understand the text to mean. This form of interpretation is sometimes referred to as pure textualism or literalism. Justice Hugo Black, a prominent textualist, contended that the text of the First Amendment, which states that "Congress shall make no law...abridging the freedom of speech, or of the press," absolutely forbids Congress from enacting any law that would curtail these rights.
In practice, the distinction between textualism, strict constructionism, and originalism can be blurry, and these terms are sometimes misused or conflated. For example, Justice Scalia identified as both a textualist and an originalist, while Justice Neil Gorsuch is considered "a proud textualist" but has also expressed support for originalism.
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Judicial decisions
The strict construction of the Constitution, also known as original intent, is a theory that limits the interpretation of legal and constitutional language to the literal meaning of the text at the time of its passage. This approach contrasts with loose construction, which allows judges broader discretion to determine the intent behind legal language. Strict constructionists argue that the Constitution should be interpreted based on the narrowest definition of a word or phrase when multiple meanings are possible. This method of interpretation is also known as textualism.
The history of strict constructionism in American politics is long-standing. Members of the Democratic-Republican Party and Democrats during the antebellum period regularly used this term when arguing that the powers of the federal government listed in Article I should be strictly construed. They hoped that this interpretation would prevent the federal government from usurping state powers through novel interpretations of its authority. Thomas Jefferson, for instance, argued against the constitutionality of a national bank, citing strict constructionist principles.
In modern times, the term "strict constructionism" has been associated with conservative legal philosophies and political parties. Richard Nixon, during his 1968 election campaign, pledged to appoint justices who would interpret the law strictly and reinstate "law and order" to the judiciary. Ronald Reagan also promised strict constructionist appointments. Supreme Court justices, such as Antonin Scalia and William Brennan, have expressed opposing views on strict constructionism, with Brennan notably opposing it in a speech at Georgetown University in 1985.
The impact of strict constructionism on judicial decisions is significant. It shapes how judges interpret the Constitution and can lead to striking down federal laws and regulations that exceed the authorities granted to them by the Constitution. This philosophy influences decisions regarding the powers of the executive branch and the interpretation of congressional authority over its elections.
In conclusion, the strict construction of the Constitution has a direct impact on judicial decisions. It promotes a narrow interpretation of the Constitution's text, limiting judicial discretion and shaping how judges interpret and apply constitutional principles in their rulings.
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Federal powers
Strict constructionism is a conservative legal philosophy that seeks to limit federal powers to those explicitly enumerated in the US Constitution. It holds that the Constitution should be interpreted literally and narrowly, based on the original intent of the Framers. This philosophy asserts that any power not specifically granted to the federal government by the Constitution is automatically reserved for the states or the people, in line with the Tenth Amendment.
Strict constructionists resist inferring implied powers or unenumerated rights and oppose judicial activism, believing that judges should apply the law rather than make it. They argue that the legal meaning of the Constitution does not evolve over time and should remain frozen in its original context.
In the context of federal powers, strict constructionists maintain that Congress must act within its enumerated powers, as outlined in Article I, Section 8 of the Constitution. This includes the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations, among the states, and with Indian tribes; to establish uniform rules of naturalization and bankruptcy; to promote scientific progress and useful arts by securing exclusive rights for authors and inventors; to define and punish piracies, felonies on the high seas, and offences against the law of nations; to declare war and make rules concerning captures on land and water; and to raise and support armies, among others.
Strict constructionists oppose broad interpretations of the Necessary and Proper Clause (also known as the Elastic Clause) and the Commerce Clause, which have been used to justify legislative actions in areas such as civil rights, healthcare, and environmental regulation. They believe that presidential powers should also be limited, and they argue against executive orders or regulatory actions that exceed the authorities granted by the Constitution or congressional statute.
Thomas Jefferson is often cited as a foundational figure for strict constructionist thought. He opposed the establishment of a National Bank, arguing that it was unconstitutional since no such power was granted in the text of the Constitution. More recently, Supreme Court justices such as Antonin Scalia and Clarence Thomas have championed strict constructionist views. Scalia's philosophy of originalism overlaps significantly with strict constructionism in its emphasis on the original textual meaning.
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Necessary and Proper Clause
Strict constructionism, or original intent, is a theory that limits the interpretation of legal and constitutional language to the literal meaning of the text at the time of its passage. This theory contrasts with a loose construction of laws, which allows broader discretion by judges to determine intent in legal language.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. It states that Congress has the legislative power:
> "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
The Necessary and Proper Clause was not a primary focus of debate at the Constitutional Convention itself, but its meaning quickly became a major issue in the debates over the ratification of the Constitution. The Clause has been interpreted as an extension of the other powers vested in the Federal Government, most notably Congress's enumerated Article I powers.
The Clause expressly confers incidental powers upon Congress; no other clause in the Constitution does so by itself. This aspect of the Necessary and Proper Clause provoked controversy during discussions on the proposed constitution, and its inclusion became a focal point of criticism for those opposed to ratification. Anti-Federalists expressed concern that the Clause would grant the federal government boundless power, while Federalists argued that the Clause would permit only the execution of powers that had been granted by the Constitution.
The first practical example of this contention came in 1791, when Hamilton used the Clause to defend the constitutionality of the new First Bank of the United States, arguing that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds. In 1819, the landmark Supreme Court case McCulloch v. Maryland held that federal laws could be necessary without being "absolutely necessary". The Court ruled that the Necessary and Proper Clause grants implied powers to Congress in addition to its enumerated powers, and that Congress has the implied power to establish a bank as a suitable instrument to aid in its enumerated power to tax and spend.
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Frequently asked questions
Strict constructionism, or original intent, is a theory that limits the interpretation of legal and constitutional language to the literal meaning of the language at the time of passage.
An example of strict constructionism is the interpretation of Congress's power over its own elections.
Originalism and textualism may call for strict construction in rare situations. Originalism requires examining not just the Constitution's text but also previous history and contemporaneous law and commentary. Textualism means interpreting a document's text according to its objective meaning, without regard to what its makers thought about it.
