United States legal philosophy in which judges must interpret laws exactly as written
Not to be confused with Originalism.
Judicial interpretation
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Plain meaning rule
Mischief rule
Golden rule
General theories of interpretation
Living Constitution / Living tree / Living instrument
Originalism (original meaning)
Original intent (legislative intent, legislative history)
Strict constructionism
Textualism
Purposive approach
Common good constitutionalism
Legal realism
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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. While commonly confused with textualism or originalism, they are not the same, and in fact frequently contradict, as textualists like Antonin Scalia have noted.
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In the United States, strictconstructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal...
its expected application. Originalism should not be confused with strictconstructionism. Proponents of originalism argue that originalism was the primary...
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert Social constructionism, a theory...
Strictconstructionism is often misused by laypersons and critics as a synonym for textualism. Nevertheless, although a textualist could be a strict constructionist...
with minimalism Literalism (music), a method of composing music Strictconstructionism (constitutional literalism) Literal (disambiguation) This disambiguation...
dictionary. Literal may refer to: Interpretation of legal concepts: Strictconstructionism The plain meaning rule (a.k.a. "literal rule") Literal (mathematical...
fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid...
Nullifier Party was a states' rights, pro-slavery party that supported strictconstructionism with regards to the U.S. government's enumerated powers, holding...
The rule of lenity, also called the rule of strictconstruction, is a principle of criminal statutory interpretation that requires that when a law is...
principle in an earlier case to guide their judgment in a current case. Strictconstructionism involves judges interpreting the text only as it was written; once...
to the emphasis on party loyalty above any other qualifications. Strictconstructionism – Like the Jeffersonians who strongly believed in the Kentucky and...
popularity during the 18th and 19th centuries as the courts took an increasingly strict view of the words within statutes. Under the plain meaning rule, courts...
state sovereignty and federal power, between strictconstruction of the US Constitution and loose construction. The Missouri Crisis in 1820 made the explosive...
directing the court to do so (StrictConstruction theory). The StrictConstruction theory (the term "StrictConstruction" was coined by legal scholar Adam...
meaning rule, in that it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common...
centuries. One is based on strictconstruction, while the other is based on popular perception. According to the strictconstruction, the 1st century AD began...
conduct religious exercises at public occasions even if attendance was not strictly compulsory. In Lee the Court developed the coercion test. Under this test...
using obscene language, or selling cotton after sunset. States passed new, strict vagrancy laws that were selectively enforced against blacks without white...
Originalism should not be confused with a similar conservative ideology, strictconstructionism, which deals with the interpretation of the Constitution as written...
of textualism and the plain meaning rule have been willing to commute "strict" plain meaning to "soft" plain meaning to a certain extent, in some circumstances;...
a fundamental and individual right that will necessarily be subject to strict scrutiny by the courts, see McDonald v. City of Chicago (2010). Self Defense...
Warren Court under chief justice Earl Warren. Applying a new standard of "strict scrutiny" in various areas of civil rights law, the Court began to apply...
called "strict scrutiny" (when a suspect class or fundamental right is involved), or instead the more lenient "rational basis review". Strict scrutiny...
of the Court of Appeals attacked "those who adopt the strict literal and grammatical construction of the words" and saying that the "[t]he literal method...
of federal funds to construct and maintain such a project. The "strictconstructionism" of today is a remote descendant of Jefferson's views. The spirit...
cooperative efforts undertaken by national and sub-national governments to place stricter restrictions on undocumented immigrants "from receiving benefits or public...
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