Isabella Carter
Strict constructionism, or the strict interpretation of the Constitution, is a term used in American political discourse to describe conservative legal philosophies. It is the belief that federal laws and regulations should be struck down if they exceed the authorities given to them by the Constitution. The term was first used by conservative politicians, such as Richard Nixon, who pledged to appoint justices to interpret the law and reinstate law and order to the judiciary. The strict interpretation of the Constitution is a controversial topic, with some arguing that it is not a philosophy of law or a theory of interpretation, but a coded label for judicial decisions that favor a particular political party.
Characteristics and Values of a Strict Interpretation of the Constitution
| Characteristics | Values |
|---|---|
| Limits federal powers | Only powers "expressly" granted by the Constitution |
| Judicial supremacy | Supreme Court interprets the Constitution |
| Conservative legal philosophy | More likely to strike down federal laws and regulations |
| Originalism | Interpreting the Constitution as originally intended |
| State's rights | Ensuring governmental power remains with the states |
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What You'll Learn
Originalism and strict constructionism
Strict constructionism, on the other hand, is a separate interpretive philosophy that advocates for a literal interpretation of the Constitution. This approach suggests that the text of the Constitution should be read and understood as it is written, without considering broader contexts or implications. Strict constructionists believe that the Constitution should be interpreted based on the exact wording of the document, without considering the original intent or the changing meanings of words over time.
The term "strict constructionism" came into prominence during Richard Nixon's 1968 presidential campaign, when he promised to appoint judges who would interpret the law strictly and uphold "law and order." While Nixon associated himself with strict constructionism, some of the justices he appointed, such as Harry Blackmun and Lewis F. Powell, did not adhere to this philosophy in their judicial decisions.
It is important to note that originalism and strict constructionism are distinct from textualism, which is another interpretive approach. Textualism focuses on giving effect to the words of the Constitution and statutes, and if the meaning of the words is clear, judges do not go beyond the text. Textualism allows for the consideration of context and the use of rules of construction to discern the meaning of ambiguous language.
While originalism and strict constructionism share similarities, they are not interchangeable. Originalism takes into account the intent and understanding of the Framers, while strict constructionism focuses solely on the literal interpretation of the text. However, both approaches tend to be associated with conservative legal philosophies and have been used to challenge federal laws and regulations that are seen as exceeding the authorities granted by the Constitution.
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Judicial supremacy
The concept of "judicial supremacy" refers to the view that the judiciary, particularly the Supreme Court, is the ultimate interpreter of the Constitution, with its interpretations being the supreme law of the land. This theory asserts that the judiciary has the final say on constitutional matters, superseding the interpretations of other branches of government, such as Congress and the President.
The idea of judicial supremacy emerged in the mid-twentieth century when the Supreme Court began articulating its role as the preeminent arbiter of the Constitution's meaning. This shift marked a departure from the previous understanding, where the Court shared its interpretive role with the other branches of the Federal Government.
One notable example of the Court's assertion of judicial supremacy is the case of Cooper v. Aaron (1958). In this case, the Court interpreted Marbury v. Madison as declaring "the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution". This principle has since been respected by the Court and the country as an essential feature of the American constitutional system.
The judicial supremacy view, however, remains a subject of debate. Some legal scholars and government officials have criticised the notion, arguing that it grants too much power to the judiciary in interpreting the Constitution. They contend that the original understanding, where multiple branches shared interpretive power, aligns better with the notion of a limited and checked government.
Despite the criticisms, the concept of judicial supremacy has had a significant impact on the interpretation of the Constitution. It reflects the belief that the judiciary, as an impartial and independent branch of government, is best suited to interpret the Constitution without bias or political influence. This interpretation ensures that the Constitution's principles are consistently applied and protects against potential overreach by the other branches.
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The role of the Founding Fathers
The Founding Fathers played a pivotal role in America's independence from Great Britain and the establishment of the United States government. The term "Founding Fathers" refers to several historical figures, including those who wrote and signed the Declaration of Independence, the Articles of Confederation, and the Constitution of the United States. The list of Founding Fathers often includes military personnel who fought in the American Revolutionary War and other individuals who greatly contributed to the nation's formation.
The Founding Fathers had differing beliefs and opinions about the future of the United States, but they worked together to create a framework for a system of government that has endured for over 200 years. They established the three branches of government—legislative, executive, and judicial—and sought to ensure a separation of powers among them to prevent any one branch from accumulating too much power.
Some of the key Founding Fathers, according to historian Richard B. Morris, include John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington. These individuals held important roles in the early government of the United States. Washington, Adams, Jefferson, and Madison served as the first four presidents; Adams and Jefferson were the first two vice presidents; Jay was the first chief justice; Hamilton was the first secretary of the treasury; Jefferson was the first secretary of state; and Franklin was America's senior diplomat during the Revolutionary War.
The Founding Fathers' legacy is commemorated annually on Constitution Day, which falls on September 17, the day they signed the U.S. Constitution in 1787. While they are recognized for their contributions to the establishment of the nation, scholars also emphasize the need to view their accomplishments and shortcomings within the context of their time, acknowledging their inability to address issues such as slavery.
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The major questions doctrine
The doctrine has been criticised for promoting "judicial self-aggrandizement" and inconsistency with textualism, originalism, and norms of statutory interpretation. It has also been criticised for its potential to transform judicial review of agency action.
There are two forms of the Major Questions Doctrine: the narrow form and the broad form. The narrow form assesses the reasonableness of interpretation as a Chevron deference limitation. This form functions as an exception to Chevron deference, where courts defer to reasonable agency interpretations of ambiguous provisions. The broad form, also known as the clear statement rule, states that statutes must not be interpreted as delegating power to decide major questions unless the text clearly grants such power.
The doctrine was first endorsed by Stephen Breyer in a law review article in 1986, two years after Chevron. Breyer coined the phrase "major questions" and later dissented in several major question cases after joining the Supreme Court in 1994. The doctrine was further endorsed by Brett Kavanaugh in 2017, before he joined the Supreme Court, and by Justice Gorsuch in 2019.
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Textualism
The word "textualism" was first used by Mark Pattison in 1863 to criticize Puritan theology, according to the Oxford English Dictionary. Justice Robert Jackson first used the word "textualism" in a Supreme Court opinion a century later. Textualism is sometimes referred to as pure textualism or literalism.
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Frequently asked questions
A strict interpretation of the constitution, also known as strict constructionism, is a political ideology that promotes a literal reading of the constitution. Strict constructionists believe that the federal government should only have the powers "expressly" granted to them by the constitution.
The term strict constructionism was used by members of the Democratic-Republican Party and Democrats during the antebellum period. They argued that the federal government's powers listed in Article I should be limited to those explicitly stated in the constitution.
One example of strict constructionism is Thomas Jefferson's argument against the constitutionality of a national bank. Another example is Richard Nixon's pledge during his 1968 election campaign to appoint justices who would interpret the law and restore "law and order" to the judiciary.
Some critics of strict constructionism argue that it is not a legitimate philosophy of law or theory of interpretation but a coded label for judicial decisions that favor a particular political party. Others, like Supreme Court Justice Antonin Scalia, reject strict constructionism because the literal interpretation of a text can conflict with its commonly understood or original meaning.
