Omar Bennett
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 apply the text as it is expressly written, which can sometimes conflict with the commonly understood meaning of a law. This philosophy is often associated with conservative politics and has been embraced by Republican presidents such as Richard Nixon, Ronald Reagan, George W. Bush, and Donald Trump. It is also commonly confused with textualism and originalism, although there are important distinctions between these philosophies. Strict constructionism is considered the opposite of liberal construction, where the doctrine of reasonability and fairness is applied to satisfy the intent of a statute.
| Characteristics | Values |
|---|---|
| Legal philosophy | Judicial interpretation |
| Limits powers of the federal government | Only to those expressly granted by the US Constitution |
| Requires judges to | Apply the text as it is expressly written |
| Interpret the Constitution based on a literal and narrow definition of the language | |
| Interpret the Constitution without reference to the differences in conditions when the Constitution was written and modern conditions, inventions, and societal changes | |
| Interpret the Constitution as a court would have read it immediately after its adoption | |
| Interpret the Constitution by seeking the "intent of the makers" | |
| Interpret the Constitution as a legal anchor for societal, legal, and moral disputes |
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What You'll Learn
Strict constructionism is a legal philosophy
Strict constructionism, or original intent, is a legal philosophy that guides the interpretation of the United States Constitution. It is characterised by a literal and narrow interpretation of the Constitution, adhering strictly to the text as it was originally written. This philosophy demands that the text of a provision in a statute be applied as it is written, without considering other reasonable implications.
This philosophy is often associated with conservative politics and has been used by Republican politicians such as Richard Nixon in 1968, who promised to appoint judges who were strict constructionists. Since then, Republican presidents George W. Bush and Donald Trump have also promised to nominate strict constructionist judges to the courts. The term is often used to describe any conservative judge or legal analyst.
Strict constructionism is frequently confused with textualism and originalism, but they are distinct philosophies. Textualism is grounded in the belief that the role of judges is to enforce the Constitution and laws that conform to it. Originalism, on the other hand, is reading the Constitution as a court would have immediately after its ratification, taking into account the "intent of the makers".
Strict constructionism is often positioned in opposition to the "living document" approach, which suggests that the Constitution must adapt and evolve to meet the changing needs of society. The living document approach introduces subjectivity and can lead to the politicisation of the court, as justices may interpret the Constitution based on their personal beliefs or societal trends.
Supporters of strict constructionism argue that it ensures the Constitution serves as a steadfast legal anchor, bolstering the credibility of the Supreme Court as an impartial and trusted arbiter. Critics, however, argue that strict constructionism is not a coherent philosophy and that it lacks a clear definition.
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It limits federal government powers
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 based on a literal and narrow definition of the language, without considering modern conditions, inventions, and societal changes. This approach seeks to ensure that governmental power remains primarily with the states and is not usurped by the federal government through novel interpretations of its powers.
The philosophy emphasizes a rigid adherence to the text of the Constitution as it was originally written, often referred to as "original intent" or "originalism". This means interpreting the Constitution as it was understood by those who ratified it, or how an objective, informed person at that time would have interpreted it. It is important to note that strict constructionism is distinct from textualism and originalism, although these terms are often confused or misused. Textualism focuses on interpreting the text and structure of a document, while originalism involves examining the historical context, previous history, and contemporaneous law to understand the "intent of the makers".
The application of strict constructionism in judicial interpretation has been a topic of debate among Supreme Court justices. Some, like Justice Scalia, have rejected it, arguing that it conflicts with the commonly understood or original meaning of the text. Others, like Justice Roberts, have employed a strict constructionist approach in cases such as Nat’l Fed’n of Indep. Bus. v. Sebelius, where he interpreted the Constitution's taxation clause literally, ruling in favor of Obama's healthcare law.
Proponents of strict constructionism argue that it ensures the Constitution serves as a steadfast legal anchor, bolstering the credibility of the Supreme Court as an impartial and trusted arbiter. They believe that subjective approaches, like the living document theory, politicize the Court and lead to skepticism and division among citizens. Critics, on the other hand, argue that strict constructionism fails to account for societal changes and can hinder the ability of the Constitution to adapt to the evolving needs of society.
In conclusion, strict constructionism is a legal philosophy that seeks to limit federal government powers by interpreting the Constitution literally and narrowly. It has been embraced by some as a way to maintain the integrity of the Supreme Court and prevent the expansion of federal power. However, it has also faced opposition due to its rigid nature and potential disconnect from modern societal needs.
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It requires a literal interpretation of the law
Strict constructionism is a particular legal philosophy of judicial interpretation that requires a literal interpretation of the law. It demands that the text of a provision in a statute be applied as it is written, without considering other reasonable implications. This can be contrasted with liberal construction, which applies the doctrine of reasonability and fairness while interpreting to satisfy the overlying objective and intent of the statute.
In the United States, strict constructionism is often used to limit the powers of the federal government to only those expressly granted to it by the Constitution. This approach is intended 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 term "strict constructionism" has been used by conservative politicians since Richard Nixon's 1968 presidential campaign, when he promised to appoint judges who were "strict constructionists" to counter the judicial activism of the Warren Court. However, the term has been criticised for lacking clarity and being used interchangeably with the distinct concepts of textualism and originalism.
Textualism is grounded in the belief that the role of judges is to enforce the Constitution and laws that conform to it. Textualists endeavour to give effect to the words of the Constitution and statutes, and if the meaning of the words is clear, the judge does not go any further. Originalism, on the other hand, involves reading the Constitution as a court would have immediately after its adoption, taking into account the intent of the makers or, if that cannot be determined, how an objective, informed person would have read it.
Despite the differences between these philosophies, they are often confused and misapplied by reporters, opinion writers, and even politicians.
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It is often confused with textualism and originalism
Strict constructionism, textualism, and originalism are often confused with one another. However, they are three distinct concepts.
Strict constructionism is a legal philosophy of judicial interpretation that limits the powers of the federal government to those expressly granted to it by the US Constitution. It requires judges to interpret the text of a provision in a statute as it is written, without considering other reasonable implications. This can sometimes lead to a conflict with the commonly understood meaning of a law. For example, a strict constructionist would interpret a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison" literally. This would be taken to mean that using a knife to threaten or injure another person is prohibited, without considering the law's broader implications or the intent behind it.
Textualism, on the other hand, is grounded in the belief that the role of judges is to enforce the Constitution and laws that conform to it. Textualists aim to give effect to the words of the Constitution and statutes. If the meaning of the words is clear, no further interpretation is needed. If the words are ambiguous, textualists attempt to discern their meaning using established rules of construction. Textualism tells us what to interpret and provides ground rules for doing so.
Originalism, meanwhile, refers to interpreting a law using the meanings of the words at the time the law was written, instead of their current meanings. Originalism is often used when interpreting older laws, as word meanings do not change very quickly. Originalism tells us how the interpretation should work.
While these three theories share an antipathy to interpreting a statute or constitutional provision by referring to its purpose, they are distinct. Textualism and originalism are frequently used together, and proponents of originalism are often proponents of textualism as well. However, textualism and strict constructionism frequently contradict each other, and nearly all textualists reject strict constructionism.
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It is a theory that contrasts with loose construction
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 based on a literal and narrow definition of the language, without considering modern conditions, inventions, and societal changes. This approach aims to ensure that governmental power remains with the states and prevent the federal government from usurping power through novel interpretations of its authority.
In contrast, loose constructionism, also known as liberal construction, allows broader discretion for judges to interpret the intent behind legal language. This doctrine of reasonability and fairness allows judges to interpret laws to satisfy the overarching objective and intent of the statute, rather than adhering strictly to the text as it is written.
While strict constructionism is often associated with conservative politics, it is important to distinguish it from originalism and textualism, which are separate legal philosophies. Originalism involves interpreting the Constitution as it was originally understood by the ratifiers or, if that understanding cannot be determined, how an objective, informed person at the time would have interpreted it. Textualism, on the other hand, focuses on interpreting the text of the Constitution and statutes, giving effect to the words used.
The distinction between these philosophies is important, as even proponents of originalism and textualism, such as Antonin Scalia, have rejected strict constructionism. Scalia described strict constructionism as "a degraded form of textualism" and "a judicial straitjacket," highlighting the rigid nature of this interpretive philosophy.
Despite the criticisms, some argue that strict constructionism is necessary to maintain the integrity of the Supreme Court as an impartial arbiter, ensuring that the Constitution serves as a legal anchor in societal, legal, and moral disputes.
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Frequently asked questions
A strict constructionist interpretation of the constitution is a literal and narrow interpretation of the text as it was originally written.
Originalism is reading the US Constitution the same way most judges would have applied it immediately after its ratification. It requires examining the Constitution's text, as well as previous history and contemporaneous law and commentary. Strict constructionism, on the other hand, interprets the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions.
Textualism is interpreting a document from the document's words and structure. Textualists like Antonin Scalia have noted that strict constructionism and textualism are not the same and frequently contradict each other.
The living document approach is the idea that the Constitution must adapt and evolve to meet the changing needs of society. This approach has been criticised for introducing subjectivity and political advocacy into the Supreme Court.
In the case of Nat’l Fed’n of Indep. Bus. v. Sebelius, Chief Justice Roberts took a strict constructionist approach to interpret the Constitution’s taxation clause, ruling in favor of the mandate despite probable personal disagreement. In 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 is therefore up to individual states to regulate.
