Strict Sense of The Term
Strict construction requires a judge to apply the text only as it is spoken. Once the court has a clear meaning of the text, no further investigation is required. Judges should avoid drawing inferences from a statute or constitution and focus only on the text itself. Justice Hugo Black argued that the First Amendment's injunction, that Congress shall make no law (against certain civil rights), should be construed strictly: no law, thought Black, admits no exceptions. Ironically, Black's legacy is as a judicial activist. However, "strict construction" is not a synonym for textualism or originalism, and many adherents of the latter two philosophies are thus misidentified as "strict constructionists."
The term is often contrasted with the phrase "judicial activism," used to describe judges who seek to enact legislation through court rulings, although the two terms are not actually opposites.
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Famous quotes containing the words strict sense, strict, sense and/or term:
“We know what boredom is: it is a dull
Impatience or a fierce velleity,
A champing wish, stalled by our lassitude,
To make or do. In the strict sense, of course,
We invent nothing, merely bearing witness
To what each morning brings again to light:”
—Richard Wilbur (b. 1921)
“I have always endeavored to acquire strict business habits; they are indispensable to every man. If your trade is with the Celestial Empire, then some small counting house on the coast, in some Salem harbor, will be fixture enough.”
—Henry David Thoreau (1817–1862)
“I suppose everyone continues to be interested in the quest for the self, but what you feel when you’re older, I think, is that ... you really must make the self. It is absolutely useless to look for it, you won’t find it, but it’s possible in some sense to make it. I don’t mean in the sense of making a mask, a Yeatsian mask. But you finally begin in some sense to make and choose the self you want.”
—Mary McCarthy (1912–1989)
“Orlando. Who stays it still withal?
Rosalind. With lawyers in the vacation; for they sleep
between term and term, and then they perceive not how Time
moves.”
—William Shakespeare (1564–1616)