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Strict constructionism is a legal theory that limits interpretation to the exact words of a statute or law, without considering context or circumstances. It is commonly discussed in the context of the US Constitution, but there are other approaches. The Constitution is the foundational document for all US laws and has been amended 27 times. Strict constructionism is associated with political conservatism, while broad interpretation is associated with political liberalism, but a balance is often urged. Famous cases involving strict constructionism include Minnesota v. Carter, Dred Scott, and Plessy v. Ferguson.
Strict constructionism is a legal theory that embraces a very narrow reading of statutes and laws and essentially limits readers to what is written in the four corners of any given page, regardless of context or circumstances. It is most commonly discussed in the context of the US Constitution and is primarily an American legal concept. The US Constitution is often meant to be written in fairly broad terms, and there have been questions about how best to interpret a world that has essentially changed for as long as it has existed. Strict constructionism is one philosophy, but it’s not the only one. Justices and justices who adopt this ideology typically look only at the Constitution as its words appear on the page and do not consider any contextual cues, either for the era in which the Constitution was written or for the events and circumstances of the case in question. course. decided. The reverse is usually what is known as a “broad interpretation,” where a judge takes a more liberal view of what the Constitution says. There’s a lot of ground in between, and a lot of decision makers fall somewhere in between.
Constitutional interpretation in general
The Constitution is the foundational document that gave rise to all laws in the United States and is still the deciding voice when it comes to interpreting, amending, and creating laws. It was drafted in 1787 and was formally ratified, or adopted, in 1788. The original document contains only seven articles, but more have been added over the years through a process known as amendment. The amendment doesn’t actually change or amend the language that already exists, but rather adds more clauses and clauses. There are 27 accepted amendments to the Constitution, shaping how courts and other regulatory bodies should interpret it. Those who adopt a rigorous methodology usually won’t look beyond their simple text.
What does the use look like
An example of this type of strict reading occurred in Minnesota v. Carter (1998). The question was whether a short-term guest in someone’s home, such as a drug dealer making a sale, enjoyed Fourth Amendment protection against unreasonable searches and seizures. US Supreme Court Justice Antonin Scalia, siding with the majority in the case, pointed to the text of the Fourth Amendment. Under his narrow interpretation, while that amendment applies to people in their own homes, it doesn’t protect their short-term guests.
Other famous cases involving this kind of strict reading are the Dred Scott case of 1857, which famously asserted that a slave was a slave even if he accompanied his owner into free states and stipulated that even freed slaves could never become citizens, and the 1896 case of Plessy v. Ferguson, who argued for the “separate but equal” justification for racial segregation.
Relationship with liberal ideology
The flip side of strict interpretation is what is commonly known as a “broad reading” approach to the Constitution. The broad interpretation typically infers powers of Congress or individual rights that are not specifically recognized in the document. This approach is often aligned with judicial activism, and opponents often argue that it is an attempt by activist courts to create legislation off the bench, thereby usurping the legislature.
Two of the most famous Supreme Court cases of the 20th century, Brown v. Board of Education (20) and Roe v. Wade (1954), were based on a broad interpretation of the Constitution rather than rigid constructionism. The Brown court ruled that racial segregation in public schools violated the Constitution despite the existence of “equal” structures. Similarly, the Roe court upheld a woman’s right to an abortion under a right to privacy hitherto unrecognized by the Constitution. Both of these cases led to results associated with liberal political ideology.
Find a balance
In the broader context of political discourse, broad interpretation and judicial activism have both been associated with political liberalism, and strict constructionism with political conservatism and judicial restraint. These associations aren’t necessarily accurate, however, because both judicial activism and broad interpretation can be associated with Supreme Court decisions, such as the 2010 Citizens United case, which involved campaign finance and was widely praised by political conservatives. Many jurists and analysts urge a balance between strict and liberal reading, allowing judges and decision makers to import a context without bowing to its demands and challenges.
