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19 strict constructionists and loose constructionists disagree most on which of the following topics? Advanced Guides
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Strict constructionism [1]
Strict constructionisim, or original intent, is a theory limiting interpretation of legal and constitutional language to the literal meaning of this language at the time of passage. This theory contrasts with a loose construction of laws, which allows broader discretion by judges to determine intent in legal language.[1]
That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence
There is yet a further and a weightier reason for the permanency of the judicial offices, which is deducible from the nature of the qualifications they require. It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free government
Loose Constructionism [2]
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Loose Constructionism is the judicial philosophy whereby the Constitution is interpreted loosely, typically reading between the lines, to extract a meaning.. When practicing loose constructionism, justices will take an issue and look at the context of it, and then at the constitution
The belief that the Constitution should be interpreted in this way originates from the idea that when writing the Constitution, it was left deliberately vague so that it could be interpreted in this way, to allow it to be flexible. In addition to this is the belief that the Founding Fathers would not have known how the modern world would have looked, so wanted the Constitution to be interpreted in the present day.
Strict Constructionists And Loose Constructionists Disagree Most On Which Of The Following Topics? A.presidential [3]
Strict constructionists maintain that the Constitution must be interpreted according to what it was meant to be written, that is, literally, almost textually.. On the other hand, the loose constructionists claim that the Constitution must be interpreted broadly, and that it allows everything that is not specifically prohibited in the text to be done.
Which two laws denied African americans the same rights as white americans. What was the lasting effect of the Roman Catholic Church becoming the official church of the Roman Empire?
This opened the door for many changes in the Empire, for example, a church hierarchy was established and Rome became the center of the Catholic Church.. Because of the length of the Roman Empire, the Catholic Church was able to have a big influence on the continent
Strict Constructionists And Loose Constructionists Disagree Most On Which Of The Following Topics? A.presidential [4]
Strict constructionists maintain that the Constitution must be interpreted according to what it was meant to be written, that is, literally, almost textually.. On the other hand, the loose constructionists claim that the Constitution must be interpreted broadly, and that it allows everything that is not specifically prohibited in the text to be done.
Which two laws denied African americans the same rights as white americans. What was the lasting effect of the Roman Catholic Church becoming the official church of the Roman Empire?
This opened the door for many changes in the Empire, for example, a church hierarchy was established and Rome became the center of the Catholic Church.. Because of the length of the Roman Empire, the Catholic Church was able to have a big influence on the continent
The Same Justice Can Be Both a ‘Strict’ And a ‘Loose’ Constructionist [5]
The Same Justice Can Be Both a ‘Strict’ And a ‘Loose’ Constructionist. THE year is 1972, and the Supreme Court has before it the first case testing the Preventive Detention Act of 1971
Hubert Johnson, a District of Columbia Negro charged with armed robbery, is being held under the act because he has several other felony convictions on his record. He wants the Supreme Court to declare his de tention without bail unconstitutional.
Successive courts, reading British and colonial history, have found that only the risk of flight—not the possibility of further criminal behavior—can justi fy the imposition of high bail or the withholding of bail altogether. In light of that conclusive history and consistent interpretation, the lawyer argues, the Supreme Court must apply the amendment strictly and strike down the new act.
The Federalists and The Constructionist Views During The Years of Thomas Jefferson and James Madison [6]
The premise of strict construction versus loose constructionism was a prominent view of the Constitution which would ultimately split the nation into two separate political entities. The Federalists were champions of a strong national government with a loose interpretation of the Constitution, whereas the Republicans were champions of state and local governments with supposedly strict interpretations of the Constitution
However, this characterization of Jefferson and Madison’s presidencies were not entirely definite, as both presidents would exercise power that would go beyond this established profile of Jeffersonian Republicans. Federalists were also not excluded from this deviation from core ideals
Despite being characterized by his strict constructionist policies, Jefferson would deviate from this policy in many areas. During the later years of Jefferson’s presidency, tensions had begun to arise between the British and French in the Napoleonic Wars
Alexander Hamilton Loose Constructionists [7]
In 1791, Treasurer Alexander Hamilton proposed the First Bank of the United States, also called the First Bank, which, with the necessary-and-proper clause, allowed the government to act on the four rights stated in the Constitution: “the rights to collect taxes, borrow money, regulate trade among states, and support fleets and armies.” The charter of the First Bank caused a debate that Secretary of State, Thomas Jefferson, a large opponent of a central banking system, later described as “the most bitter and angry contest ever known in Congress before or since the union of the states.” The intensity of it is conveyed in “Cabinet Battle #1” in Hamilton: An American Musical, in which the debate between Hamilton and Jefferson is recreated in. After the Revolutionary War, American politicians had to figure out how to run the new country
Jefferson, a Democratic-Republican, and Hamilton, a Federalist, disagreed about almost every one of each other’s core beliefs about what the country should look like. Although Hamilton’s view of the Constitution largely influenced the U.S., Jefferson’s ideal economy and belief in a strong state government shaped the Early Republic more.
These measures fortified the administration ‘s vitality to the hindrance of the states. Jefferson and his political accomplices limited these progressions
Was Madison a Strict Constructionist? [8]
As members of the First Congress convened in early April 1789 to begin the process of implementing the Constitution, James Madison knew better than anyone the challenges that lay before them as they attempted to put into effect an innovative system of government based on a text that had different meanings to different people: “We are in a wilderness without a single footstep to guide us.” We the People may have ratified the Constitution, but they were far from unanimous in understanding what had been ratified. It was left to those elected by the people and chosen by the state legislatures to give meaning to the parchment text
Madison, like Jefferson, has often been referred to as a strict constructionist. But what does that mean? Madison certainly understood that the meanings of words change, so he was never bound to interpret the Constitution based on a strict adherence to language
Thus, one must look to how the ratifiers viewed the Constitution to discover its true meaning. Unfortunately, a quick perusal of the records of the ratifying conventions makes clear that there was no consensus as to what each article and section actually meant
Don’t Hear What I’m not Saying: Defining Strict Constructionism to Distinguish It [9]
Don’t Hear What I’m not Saying: Defining Strict Constructionism to Distinguish It. |Topics:||Constitution • Federalism & Separation of Powers|
A substantially similar version of this post previously appeared on the Least Dangerous Blog.. One of my favorite things Jordan Lorence of ADF says is, “Don’t hear what I’m not saying.” I once mentioned this to Jordan, and I don’t think he knew this is something he often says
We need this tool in the interpretational-theories debate space.. In his seminal book on interpreting legal texts, A Matter of Interpretation, Justice Scalia said in no uncertain terms: “I am not a strict constructionist, and no one ought to be.”[1] Indeed, “A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means.”[2]
Legal Theory Lexicon: Legal Theory Lexicon 035: Strict Construction and Judicial Activism [10]
This entry in the Legal Theory Lexicon is a bit unusual. Rather than explicating concepts that are important to legal theory, the point of this post is to debunk two concepts that sometimes seem to have very little content as used in popular discourse.
Whether constitutional theorists will be able to agree on consistent and clear definitions remains to be seen.. Strict construction is short hand for the idea that the United States Constitution should be strictly construed
Nixon promised that he would appoint judges who were “strict constructionists” as opposed to the “judicial activism” that characterized the Warren Court, but the phrase has much earlier origins and may go back as far as the late eighteenth century.. The question is: what does strict construction mean? Is there really a method of constitutional interpretation described by the phrase “strict construction” or is this a mere political slogan? The confusion engendered by the term is illustrated by the following definition (offered on law.com):
Would Strict Constructionism Have Freed Dred Scott? [11]
Would Strict Constructionism Have Freed Dred Scott?. Would Strict Constructionism Have Freed Dred Scott?
Sanford – the notorious Dred Scott case – during his second debate with John Kerry, President Bush offered that case as an example of the dangers of appointing judges who are not “strict constructionists.” But in fact, it is just the opposite. It is history’s most infamous example of the shortcomings of the very judicial philosophy that President Bush endorses.
And he was right in suggesting that the Dred Scott decision, although nearly 150 years old, still holds useful lessons on what presidents should look for in their judicial appointments. Those lessons, however, are not the ones identified by President Bush.
Legislative Branch (Congress) – Strict Constructionism vs. Broad Constructionism [12]
– Strict constructionists: Congress should be allowed to exercise very few implied powers so that government will remain small. – Broad constructionists: Congress should be allowed to exercise many implied powers so that government can take a greater role in shaping events
Hamilton (broad constructionist) was first major political dispute in US history. Almost immediately following the creation of the Constitution, the Founding Fathers split into two opposing camps over the question of how loosely or strictly to interpret the Necessary and Proper Clause.
Arguing that “that government is best which governs least,” the strict constructionists desired a small federal government, one that would leave most power to the states and to the people. Thus they argued that Congress should only be allowed to exercise those expressed powers specifically listed in the Constitution, recognizing few or any other implied powers as legitimate
CaptionSync Smart Player™ [13]
Use Tab or Shift-Tab to change keyboard focus within the page, and Enter/Space to activate a control.. The media player on this web page can be operated from anywhere on the page using the following keystrokes:
To guide us in this effort, we use the Web Content Accessibility Guidelines, version 2.0 (also known as WCAG 2.0). We’ve chosen Level AA as the target for our products and services
System administrators, please report problems or feature suggestions to [email protected].
Private: Guest Blogger: Judge Alito and Strict Construction [14]
Private: Guest Blogger: Judge Alito and Strict Construction. by Michael CoblenzMichael Coblenz is an attorney in Lexington, KY
This is the first in a series of three posts on Judge Alito and strict construction.. The debate over the nomination of Judge Samuel Alito to the Supreme Court presents the opportunity to discuss, and perhaps debunk, many of the fallacies behind the conservative legal theory called Strict Construction
He has a deep understanding of the proper role of judges in our society. He understands that judges are to interpret the laws, not to impose their preferences or priorities on the people.” This was a slight variation on what President Bush said when he nominated John Roberts, and has said when making most judicial nominations: “He will strictly apply the Constitution and laws, not legislate from the bench.”
Loose And Strict Constructionist Of The Constitution [15]
Jefferson was the founder of the Democratic-Republic Party and believed in an agrarian society with strong local governments (i.e. He thought that the states should yield most of the power so that the citizens could control what happens to them (i.e
Soon enough, Jefferson’s Democratic-Republican policies clashed with the Federalist policies of Alexander Hamilton, who believed in an urban-based society and a strong central government. In addition, Jefferson was a believer in a strict interpretation of the Constitution
Therefore, the first major question that arouse from the purchase of the Louisiana Territory was whether or not the purchase was constitutional.. Alexander Hamilton exerted the most influence in the new Federalist Party
Andrew Jackson: Domestic Affairs [16]
Jackson entered the White House with an uncertain policy agenda beyond a vague craving for “reform” (or revenge) and a determination to settle relationships between the states and the Indian tribes within their borders. On these two matters he moved quickly and decisively.
As President, he initiated sweeping removals among highranking government officials—Washington bureau chiefs, land and customs officers, and federal marshals and attorneys. Jackson claimed to be purging the corruption, laxity, and arrogance that came with long tenure, and restoring the opportunity for government service to the citizenry at large through “rotation in office.” But haste and gullibility did much to confuse his purpose.
Newspaper editors who had championed Jackson’s cause, some of them very unsavory characters, came in for special favor. His most appalling appointee was an old army comrade and political sycophant named Samuel Swartwout
Approaching the Presidency: Roosevelt & Taft [17]
Theodore Roosevelt, President of the United States from 1901-1909, embodied what many scholars typically refer to as the ‘stewardship presidency.’ In the words of Roosevelt, it is the president’s “duty to do anything that the needs of the nation demanded unless such action was forbidden by the Constitution or by the laws.” Under Roosevelt’s expansionist view, anything the president does is considered acceptable unless it is expressly forbidden by the Constitution or laws passed by Congress. Roosevelt believed he served the people, not just the government
On the other hand, William Howard Taft, President of the United States from 1909-1913, embodied what many scholars refer to as a ‘strict constructionist’ model of the presidency. Under this approach, unless the Constitution or Congress explicitly grants a certain power, the president does not have the right to act
While Roosevelt expanded federal power in many areas, Taft felt many of these actions were legal overreaches. For example, as a “trust-buster” Roosevelt differentiated between ‘good’ trusts and ‘bad’ trusts, using his expanded powers as president to make this distinction unilaterally
Which Name Did President Kennedy Give To His Program For Social Legislation That Included Civil Rights [18]
In what way did Romanov tsars undermine their own rule A. They repressed a majority of people in favor of a minority
How has Russia relied on natural resources to fuel post-soviet economic growth A. Russia has not been able to use their natural resources to spur the economy B
Russia has used their power to gain acces to eastern Union membership D. Russia has devolved their economy by becoming the second largest exporter of oil and natural gas.
The First Amendment Encyclopedia [19]
Scene at the signing of the Constitution of the United States in a painting that hangs in the U.S. Original intent refers to the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers
The term original intent refers to the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers. The courts’ commitment to original intent is somewhat tested, however, by the reality that the framers’ intentions are not always easy to identify.
Another factor is that it has never been clear to what extent the framers’ intentions are relevant to the task of establishing constitutional norms. James Madison, one of the drafters of the Constitution, felt strongly that future interpretation of the document should not rest primarily on the intentions of the framers, but on the intentions of the people who, through their state representatives, ratified the Constitution
Sources
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- https://www.tutor2u.net/politics/reference/loose-constructionism#:~:text=Loose%20Constructionism%20is%20the%20judicial,and%20then%20at%20the%20constitution.
- https://socialworkers.gov.gy/answers/82127-strict-constructionists-and-loose-constructionists-disagree-most
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