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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 ...
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 of its enumerated powers. It is often known as the "elastic clause" because of the great amount of leeway in interpretation it allows; depending on the interpretation, it can be ...
Loose constructionism" should only be referred to in the latter's article, if at all, considering how the most content this article ever had was its unsourced definition as the antonym of strict constructionism. Postdlf 22:42, 23 October 2005 (UTC) loose construction is where you bend the constitution.
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.
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert; Social constructionism, a theory of how social phenomena or objects of consciousness develop in social contexts; Strict constructionism, a conservative type of legal or constitutional interpretation
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.
Constructionist learning is the creation by learners of mental models to understand the world around them. Constructionism advocates student-centered, discovery learning where students use what they already know to acquire more knowledge. [ 1 ]
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: . The Congress shall have Power...