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In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Colorado lawyers seeking to disqualify former President Donald Trump from running for the White House again argued on Monday that his role in the January 2021 assault on the U.S. Capitol runs ...
Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. [5] The Supremacy Clause follows Article XIII of the Articles of Confederation , the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress] , on ...
The leading 19th-century commentary on the Constitution, Justice Joseph Story's Commentaries on the Constitution of the United States (1833), likewise rejected the compact theory and concluded that the Constitution was established directly by the people, not the states, and that it constitutes supreme law, not a mere compact. [11]
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.The Constitution is said [by whom?] to develop alongside society's needs and provide a more malleable tool for governments.
The Constitution gives Congress the power to regulate citizenship, and no president has ever tried to redefine the rules of citizenship using executive orders, though Trump promised to do so in ...