strict construction (narrow construction) n.
interpreting 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
, inventions and societal changes.
What does a strict interpretation of the Constitution mean?
Also referred to as “strict interpretation” or “original intent,” because
a person who follows the doctrine of strict construction of the Constitution tries to ascertain the intent of the framers at the time the document was written by considering what the language they used meant at
that time.
What is a strict construction of the Constitution quizlet?
Strict construction means
that the Federal government has very limited powers
. … Loose construction means that the Constitution gives the Federal government broad powers to do what is necessary. You just studied 7 terms!
What are some examples of strict construction?
Key examples and cases that serve to illustrate strict constructionism include Thomas Jefferson’s opposition to Alexander Hamilton’s idea of a national bank,
the Scott v. Sandford case
, and the Minnesota v. Carter case.
What does strict constructionist believe?
Judicial conservatives, also known as originalists or strict constructionists, believe
that the Constitution should be interpreted strictly, in light of its original meaning when it was written
.
Who favored strict construction?
5. What are loose and strict construction of the Constitution and who favored each? Loose construction means a flexible interpretation – favored by Hamilton. Strict construction means a narrow interpretation – favored by
Jefferson
.
What are implied powers?
Implied powers are
political powers granted to the United States government that aren’t explicitly stated in the Constitution
. They’re implied to be granted because similar powers have set a precedent. These implied powers are necessary for the function of any given governing body.
What is the12th Amendment?
The Twelfth Amendment stipulates that each elector must cast distinct votes for president and vice president, instead of two votes for president. … The Twelfth Amendment requires a person to receive a majority of the electoral votes for vice president for that person to be elected vice president by the Electoral College.
Who wanted strict interpretation of Constitution?
Thomas Jefferson
favored a strict interpretation of the Constitution, which he interpreted as forbidding everything it did not expressly permit. In contrast, Hamilton favored a loose interpretation.
What is interpretation Constitution?
“Constitutional interpretation”
comprehends the methods or strategies available to people attempting to resolve disputes about the meaning or application of the Constitution
. Issues of interpretive methodology have always been politically charged—certainly so in constitutional law. …
Is the Necessary and Proper Clause?
The Necessary and Proper Clause, which gives
Congress power to make “all Laws which shall be necessary and proper for carrying into Execution” other federal powers
, is precisely this kind of incidental-powers clause. … In private law contexts, such questions were often informed by customs.
When was strict construction established?
Its formal introduction occurred in
1774
, when the first Continental Congress took control of foreign affairs while leaving other areas of governmental activity to the colonial assemblies.
What is an example of judicial activism?
Brown v. Board of Education (1954) is one of the most popular examples of judicial activism to come out of the Warren Court. … For example, when
a court strikes down a law
, exercising the powers given to the court system through the separation of powers, the decision may be viewed as activist.
What is the opposite of a strict constructionist?
Strict construction is the opposite of
liberal construction
, which permits a term to be reasonably and fairly evaluated so as to implement the object and purpose of the document. An ongoing debate in U.S. law concerns how judges should interpret the law.
With checks and balances
, each of the three branches of government can limit the powers of the others. This way, no one branch is too powerful. Each branch “checks” the powers of the other branches to make sure that the power is balanced between them.
What is called federalism?
Federalism is
a system of government in which the same territory is controlled by two levels of government
. … Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.
