Search results
Results From The WOW.Com Content Network
Few judges self-identify as strict constructionists, due to the narrow meaning of the term. Antonin Scalia, the justice most identified with the term, once wrote: "I am not a strict constructionist, and no one ought to be," calling the philosophy "a degraded form of textualism that brings the whole philosophy into disrepute." Scalia summarized ...
Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers. Loose constructionists , on the other hand, believe it is largely up to Congress and not the courts to determine what means are "necessary and proper" in executing one ...
Taftian theory (also "Whig" theory) [1] is a political term in the United States referring to a strict constructionist view regarding presidential power and the United States Constitution, where a president's power is limited to those powers specifically enumerated by the Constitution. [2] [3]
The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended.. Proponents view the constitution as developing alongside society's needs and provide a more malleable tool for go
Discover the latest breaking news in the U.S. and around the world — politics, weather, entertainment, lifestyle, finance, sports and much more.
The territory acquired from the Louisiana Purchase, superimposed on a map of the contiguous United States.. Jefferson positioned himself as a strict constructionist regarding the United States Constitution, a view which argued for a strict, exact-word interpretation of the law; [15] this position, however, meant that purchasing Louisiana from France (as Jefferson did) would be potentially ...
The Democratic-Republicans espoused a strict constructionist interpretation of the Constitution, and denounced many of Hamilton's proposals, especially the national bank, as unconstitutional. The party promoted states' rights and the primacy of the yeoman farmer over bankers, industrialists, merchants, and other monied interests.