- 1 How can strict construction best be described quizlet?
- 2 What is strict construction?
- 3 What are some examples of strict construction?
- 4 What is the principle of strict construction?
- 5 What is the difference between strict and broad construction of the Constitution?
- 6 What is a loose constructionist view of the Constitution?
- 7 Who favored strict construction?
- 8 Why is strict construction important?
- 9 What is the opposite of strict construction?
- 10 What do strict constructionists argue?
- 11 What is an example of strict interpretation?
- 12 What does strictly construed mean?
- 13 Which type of law is given strict interpretation?
- 14 Why is the rule of lenity important?
- 15 What is strict interpretation?
How can strict construction best be described quizlet?
Strict construction means that the Federal government has very limited powers.
What is strict construction?
A close or narrow reading and interpretation of a statute or written document. Strict construction occurs when ambiguous language is given its exact and technical meaning, and no other equitable considerations or reasonable implications are made.
What are some examples of strict construction?
Key examples and cases that serve to illustrate strict constructionism include Thomas Jefferson’s opposition to Alexander Hamilton’s idea of a national bank, the Scott v. Sandford case, and the Minnesota v. Carter case.
What is the principle of strict construction?
The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.
What is the difference between strict and broad construction of the Constitution?
Strict Constructionist: one who favors a strict construction and intrepretation of the Constitution of the United States. Broad ( Loose ) Constructionist: one favoring a liberal construction and intrepretation of the Constitution of the U.S. to give broader powers to the federal government.
What is a loose constructionist view of the Constitution?
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.
Who favored strict construction?
Strict construction means a narrow interpretation – favored by Jefferson.
Why is strict construction important?
A strict construction simply limits the cases in which the Constitution applies. In this sense, a strict construction need not correspond to a constitutional interpretation that limits federal power. This difference results from the variable structure of constitutional provisions.
What is the opposite of strict construction?
Strict construction is the opposite of liberal construction, which permits a term to be reasonably and fairly evaluated so as to implement the object and purpose of the document. An ongoing debate in U.S. law concerns how judges should interpret the law.
What do strict constructionists argue?
What did strict constructionists argue? Argued that Congress should only be able to exercise expressed powers and those implied powers absolutely necessary to carry out those expressed powers. Argued that the Constitution should be interpreted liberally, a broad construction of the powers given to Congress.
What is an example of strict interpretation?
Justices that are described as strict constructionists tend to favour State’s rights over the rights of the Federal Government. They tend to be labelled as conservatives. Perhaps the most famous example of this is the interpretation of the First Amendment by Associate Justice Hugo Black.
What does strictly construed mean?
This means that a court must make a decision based on the language used in writing a statute and must make no interpretation of a law.
Which type of law is given strict interpretation?
Strict interpretation means each word in the statute should be interpreted by the letter and not with respect to the spirit behind the statute. Here in strict interpretation, the courts will use the literal rule of interpretation.
Why is the rule of lenity important?
The rule ensures that we do not have to guess as to the breadth and meaning of a penal statute, the application of which could seriously impact our life or liberty. Thus, lenity promotes fair notice and helps secure our right to (procedural) due process.
What is strict interpretation?
Definitions of strict interpretation understanding and explaining the meaning of something based only on what the reader believes the author must have been thinking at the time the text was written.