Simone Lawson
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. The term strict construction has been used in American politics since at least the antebellum period, when members of the Democratic-Republican Party and Democrats argued that the powers of the federal government listed in Article I should be strictly construed. The term was later adopted by conservative politicians such as Richard Nixon, who pledged to appoint justices that would interpret the law according to its original meaning. Strict constructionism is often contrasted with loose constructionism, which allows broader discretion by judges to determine intent in legal language.
| Characteristics | Values |
|---|---|
| Interpretation of the Constitution | Limited to the literal meaning of the text at the time of passage |
| Political leaning | Conservative |
| Judicial philosophy | More willing to strike down federal laws and regulations |
| Judicial interpretation | Narrow and literal |
| Originalism | Examining the historical context and contemporaneous law and commentary |
| Textualism | Interpreting the text according to its objective meaning |
| Judicial appointments | Justices appointed to interpret the law and reinstate "law and order" |
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What You'll Learn
Originalism and textualism
Textualism is a subset of originalism and was developed to avoid some of the issues associated with originalism. Textualism is considered a more reliable approach to constitutional interpretation as it focuses on the concrete meaning of the words rather than attempting to determine the intent behind them. This is particularly important when interpreting vague or ambiguous statutory language. Textualism also allows for a more consistent application of the law, as it does not rely on the subjective interpretation of the drafter's intent.
However, some scholars argue that textualism and originalism are not mutually exclusive. They argue that originalism can be used to interpret the Constitution, while textualism can be applied to statutory interpretation. Additionally, some originalist scholars have pointed out that textualism can be manipulated by focusing on "mischief-focused legislative history", which may not accurately represent the original intent of the drafters.
In practice, the terms originalism and textualism are often used interchangeably, and many judges and legal scholars identify with both schools of thought. For example, Justice Antonin Scalia, a major proponent of textualism, also considered himself an originalist. Similarly, Justice Neil Gorsuch, an originalist, has called textualism "the best approach to the Constitution". Other judges, such as Justice Elena Kagan, have expressed support for both originalism and textualism, indicating that the two theories are not necessarily mutually exclusive in practice.
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Judicial decisions
One notable example of a judicial decision influenced by strict constructionism is the case of McCulloch v. Maryland in 1819. In this case, Chief Justice John Marshall wrote a majority opinion upholding the federal government's efforts to establish a national bank as constitutional. This decision was based on a strict interpretation of the Constitution's text and the powers granted to the federal government.
Another example of the influence of strict constructionism on judicial decisions can be seen in the philosophies of Supreme Court justices. Justices such as Antonin Scalia and William Rehnquist have been associated with strict constructionism, interpreting the Constitution according to its literal meaning and limiting the discretion of judges to determine intent. Scalia, in particular, advocated for textualism, which involves interpreting a document's text according to its objective meaning without considering the intentions of its authors.
However, it is important to note that strict constructionism has its critics within the judiciary. Supreme Court Justice William Brennan, for instance, opposed strict constructionism, arguing for a more flexible interpretation of the Constitution. Similarly, Justice John Hart Ely believed that "strict constructionism" is not a true philosophy of law or interpretation but a political label for judicial decisions favoured by a particular political party.
In summary, strict constructionism has had a significant influence on judicial decisions, particularly among conservative justices. It promotes a literal and narrow interpretation of the Constitution, limiting the federal government's powers and shaping key judicial rulings. However, it is not without its critics, who argue for a more nuanced and flexible approach to constitutional interpretation.
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Federal government powers
Strict constructionists believe that the federal government's powers are strictly limited to those explicitly granted by the Constitution. This view, attributed to Thomas Jefferson, holds that the federal government cannot assume powers beyond those specifically enumerated in the Constitution. This interpretation of the Constitution is in contrast to "loose construction", which suggests that the federal government has broader powers, including implied powers not explicitly stated in the Constitution, allowing it to adapt to new needs.
The Constitution, in Article I, establishes Congress and vests it with legislative powers. The Tenth Amendment further reinforces this principle by stating that any powers not delegated to the federal government are reserved for the states or the people. The Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises, ensuring uniformity across the nation. It also empowers Congress to regulate commerce with foreign nations, among the states, and with Indian tribes. Additionally, Congress has the authority to establish uniform rules for naturalization and bankruptcy laws.
Another critical power of the federal government is the ability to raise and support armies, with a time limitation on appropriations for military use. The federal government is responsible for organising, arming, and disciplining the militia, while reserving the appointment of officers and training methods to the states. The federal government also has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
The Necessary and Proper Clause, also known as the Sweeping Clause, has been interpreted as an extension of the federal government's powers, particularly those enumerated in Article I. This clause has been subject to debate and interpretation by the Supreme Court, which has considered its implications for Congress's powers to tax, borrow money, regulate commerce, and declare war.
The interpretation of the Constitution's strict construction has had a significant impact on historical events. For example, Thomas Jefferson's strict view was tested when he became President, as he had opposed George Washington's Neutrality Proclamation, claiming it exceeded the President's authority. The Civil War also marked a shift in federalism, with the Thirteenth Amendment limiting states' powers and the Fourteenth Amendment granting Congress the power to enforce constraints on state governments, ensuring the protection of citizens' privileges and immunities.
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The 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 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.
> "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."
This clause is significant because it gives Congress the authority to use all means necessary and proper for executing the express powers granted to them by the Constitution. This includes the implied and incidental powers that are conducive to the beneficial exercise of an enumerated power.
The interpretation of the Necessary and Proper Clause has been a subject of debate, with the Supreme Court interpreting it as an extension of the powers vested in the Federal Government, particularly Congress's enumerated Article I powers. The controversy surrounding the clause has often centred on the word "necessary," with figures like Thomas Jefferson, James Madison, and Alexander Hamilton offering differing interpretations of the word's strictness and relation to other federal powers.
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Strict constructionist justices
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. This theory contrasts with a loose construction of laws, which allows broader discretion by judges to determine intent in legal language.
Strict construction, or strict interpretationism, is the view that the Constitution should be interpreted narrowly and that the federal government should only exercise those powers specifically granted to it by the Constitution. Strict constructionists believe that the Constitution should be interpreted based on the original intent of the framers and that the document's meaning is fixed and should not be subject to contemporary interpretations or considerations.
In the context of the US Constitution, strict constructionist justices, or originalists, are those who interpret the Constitution's text narrowly and adhere closely to the framers' original intent. They argue that the federal government should have limited powers and that any powers not explicitly granted to the federal government by the Constitution are reserved for the states. This philosophy is often associated with conservative legal philosophies and politicians, with Richard Nixon and Ronald Reagan both pledging to appoint strict constructionist justices during their election campaigns.
While some of the Founding Fathers, such as Thomas Jefferson, argued for a strict interpretation of federal powers, others like Washington, Hamilton, and Adams took a broader interpretation of the powers afforded to the federal government. James Madison, the primary author of the Constitution, took a more moderate view between these interpretations.
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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 its passage.
Strict constructionism limits the powers of the federal government by only allowing it to exercise powers that are expressly granted by the constitution. This ensures that the bulk of governmental power remains with the states.
Textualism means interpreting a document according to its "objective meaning", without regard to the intent of its creators. Strict constructionism, on the other hand, focuses on the narrowest interpretation of the text, especially when a word or phrase has several meanings.
