Strict constructionists believed that
Congress should exercise only its expressed powers and those powers absolutely necessary to carry out those expressed powers
. Liberal constructionists hesitated to use implied powers.
What are the views of a strict constructionist?
Under strict constructionism,
a judge can interpret a text as it is written
, considering only what is presented within the four corners of the legal document. While strict constructionism is often thought of as a way of interpreting the Constitution, it may also be used to interpret laws and other legal texts.
What is the difference between a strict constructionist and a broad constructionist quizlet?
Those who believe that the text of the Constitution is important and that any interpretation should be kept to a minimum
have traditionally been known as strict constructionists, while others prefer the term originalists.
What is a strict constructionist quizlet?
Strict Constructionist.
a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says
it can take. Judicial Activism.
What is the difference between a strict constructionist and liberal constructionists quizlet?
Strict constructionists believe that the
implied powers are limited to only
those that are absolutely necessary to carry out the expressed powers. Liberal constructionists believe that the Necessary and Proper Clause gives Congress power to do anything that was reasonably related to carrying out its expressed powers.
What provision of the Constitution can never be changed without the states consent?
Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal
Suffrage
in the Senate.
What is strict interpretation?
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 are the 3 Limitations of Congress?
- pass ex post facto laws, which outlaw acts after they have already been committed.
- pass bills of attainder, which punish individuals outside of the court system.
- suspend the writ of habeas corpus, a court order requiring the federal government to charge individuals arrested for crimes.
In which form of government do delegates?
In which form of government do delegates speak on behalf of citizens?
Republic (Representative Democracy)
.
What is the rule of strict construction?
The rule of lenity, also called the rule of strict construction, is
a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant
.
What Nonlegislative powers does the Constitution delegate to Congress?
What nonlegislative powers does the Constitution delegate to Congress?
Congress can propose constitutional amendments
. Congress has some rarely used electoral duties when elections must be decided or a new vice president appointed. Congress can impeach certain federal officials.
Who was a major proponent of strict constructionist?
Supreme Court
Justice Antonin Scalia
, a major proponent of textualism, said that “no one ought to be” a strict constructionist, although to be a strict constructionist was preferred to being a “nontextualist”.
What are the duties of the Speaker of the House quizlet?
The Speaker’s main duties revolve around (1)
presiding over and keeping order in the House
. The Speaker (2) names the members of all select and conference committees, and (3) signs all bills and resolutions passed by the House.
Can an executive order go against the Constitution?
The legal or constitutional basis for executive orders has multiple sources. … Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.
Which amendment prevents a citizen of North Carolina from suing the state of Georgia?
| Question Answer | Put the NINTH Amendment in your own words.14 Rights of the people14 | Which Amendment prevents a citizen of North Carolina suing the state of Georgia?15 eleventh15 | Which amendment said that states could not prevent people from voting based on their race?16 fifteenth16 |
|---|
What part of the Constitution Cannot be changed?
limitation on the amendment power:
article five itself
cannot be amended so as to create any new limitations on the amending power.
