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Topic: Strict constructionism

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	Is this ‘Strict Constructionism’ in Action?
		So when George W. Bush has spoken about appointing strict constructionists to the federal courts, he has seemed to be announcing himself to be a principled conservative, favoring a strict adherence to what the Constitution actually says, with due deference to what is known about the intentions of the people who framed it.
		True strict constructionists decry what they call “results-oriented” readings of the law, that is, readings in which the desired outcome comes first and then an argument is formulated to reach that conclusion, rather than just following the law where it leads.
		Strict constructionists contest the notion that the Constitution changes with the times and circumstances, thus permitting judges leeway in construing what the text, written in the past, should mean in the present.
	www.commondreams.org /views06/0125-21.htm (2275 words)

	Strict Constructionism and Constitutional Interpretations
		Generally speaking, libertarians use historical strict construction the most, as the founders of the United States are strongly libertarian by today’s standards, and hence a literal reading of the Federalist Papers supports libertarian views.
		Similarly, conservatives tend to support textual strict construction, because the United States’ constitution is very implicit on civil liberties, which conservatives usually oppose, but very explicit on issues that favor conservatism such as gun rights, the electoral system, and treason.
		Liberals rarely support strict construction, but when they do, they almost always support its structural form; this is not limited to the United States, but is rather part of modern liberalism at large: the government should be limited by a constitution, but the constitution shouldn’t be viewed as scripture.
	leftist.i8.com /strict_construction.html (776 words)

	Parableman: Strict Constructionism and the More Perfect Union
		A strict constructionist interprets an expression in an exact and literal, according to what the basic fundamental terms mean.
		A strict constructionist, however, has to take the expression according to a literal, wooden application of strict rules about words and their meanings, without the common understanding I just explained of how this expression isn't like most expressions of something being "more X".
		A strict constructionist has to take the expression 'more perfect union' to be referring to something that is going to be literally more perfect than it already is, which is impossible.
	parablemania.ektopos.com /archives/2005/10/strict_construc_1.html (610 words)

	RealClearPolitics - Articles - Roe, Not Giuliani, Is The Real Abortion Muddle
		The key phrase in his answer is "strict constructionist judge.'' On judicial issues in general he believes in "strict constructionism,'' the common conservative view that we don't want judges citing penumbral emanations and other constitutional vapors to justify inventing new rights they fancy the country needs.
		And there is precedent for strict constructionists accepting even bad constitutional rulings after the passage of time.
		The most famous recent example is Chief Justice William Rehnquist for years opposing the original 1966 Miranda ruling as "legislating from the bench," but upholding it in 2000 on the grounds that it had become so engrained in American life that its precedental authority trumped its bastard constitutional origins.
	www.realclearpolitics.com /articles/2007/05/roe_not_giuliani_is_the_real_a.html (745 words)

	How should we counter "strict constructionism?" — Rockridge Nation
		And it seems that the Democrats are more than happy to use "strict constructionism" when it serves their interests as well.
		The rule of strict construction, as used in law, is very different from the Constitutional doctrine cited in politics.
		We should reject so-called "strict construction" ("original intent") because "life belongs to the living, not to the dead," and a democratic society cannot be governed by "dead hands."
	www.rockridgenation.org /questions/how-should-we-counter-strict-constructionism (3788 words)

	Think Progress: Supreme Court Extra » Roberts the “strict constructionist”?
		This would make sense: conservatives who use the term “strict constructionism” are often the kinds of social conservatives who oppose Roe and wish to see it overruled.
		He says that while strict constructionism may be better than no theory of interpretation at all, it is a seriously flawed theory.
		The analogy he uses is that if someone asked you “does you father use a cane,” and, if he didn’t walk with one but occasionally used one that is lying around the basement to reach a high shelf, then he doesn’t, in the meaning of plain language “use” a gun.
	court.thinkprogress.org /2005/07/24/roberts-the-strict-constructionist (4037 words)

	The Skeptical Optimist: True or False: Thomas Jefferson was a Strict Constructionist
		I was always under the impression that Thomas Jefferson was a strict constructionist.
		Adopting a position known as "strict constructionism," Thomas Jefferson and James Madison charged that a national bank was unconstitutional since the Constitution did not specifically give Congress the power to create a bank.
		I used to think I was a strict constructionist, but now I’m not so sure (as I’ve written before).
	www.optimist123.com /optimist/2006/02/true_of_false_t.html (468 words)

	HaloScan.com - Comments
		The whole "strict" versus "loose" construction debate is in any case largely a US issue, made necessary by the sacred nature of certain documents there.
		They can't improve their constitution, or indeed really argue that any part of it is less than holy and perfect, so it becomes absolutely imperative that they come up with ways of interpreting any bad bits as if they were good.
		But the fact is you have to have some kind of constructionism.
	www.haloscan.com /comments/drdawg/117657890405125778 (1868 words)

	NewsAndMediaBlog.com » Is Rudy Giuliani As Strict Constructionist As He Makes Out To Be?
		The only two branches of government that have the authority to change the way current law is written on abortion are the Supreme Court and Congress (not counting the president’s power of veto, of course), and Giuliani isn’t running for a position in either branch.
		That’s the kind of president Republicans should be proud to vote for - a strict Constructionist, one that actually believes the Constitution is important and is willing to abide by its strictures.
		Remember, George W. Bush ran on the “strict constructionist” agenda when he ran for office in 2000 and he has been anything but a strict constructionist.
	newsandmediablog.com /2007/05/04/is-rudy-giuliani-as-strict-constructionist-as-he-makes-out-to-be (713 words)

	Jeffersonian republicans vs. madison administratoin essays
		In the time period between 1801 and 1817 the Jeffersonian Republicans were regarded as strict constructionists however this political party made many decisions that were characterized as broad constructionism.
		The Federalists who were characterized as broad constructionism also abandoned their method of interpreting the constitution more than once and interpreted the constitution quite strictly.
		Jeffersonian Republicans, Federalists Madison, Madison Jefferson, broad constructionism, characterized broad constructionism, characterized broad,, broad constructionism federalists, constructionism federalists, jeffersonian republicans, decisions characterized broad, political party decisions, document jefferson, federalists characterized, interpreted constitution, strict constructionism, broad loose, constitution broad, party decisions characterized,
	directessays.com /viewpaper/22471.html (185 words)

	Constitution - Facts, Information, and Encyclopedia Reference article
		Sometimes, the nature of the wide range of interpretations that seem possible from constitutional courts are controversial.
		In the US, those who support judicial decisions being made solely on the original text of the constitution, without considering "implied" principles, are called "strict constructionists".
		States that have codified constitutions normally give them supremacy over ordinary statute law.
	www.startsurfing.com /encyclopedia/c/o/n/Constitution.html (3829 words)

	Strict Construction
		The catch phrase for any judge who is nominated to a federal court these days is: "It is the job of a judge to interpret the law, not make law".
		Others likewise promise to be a "strict constructionist" of the U.S. Constitution.
		Unfortunately, few keep their promise and the public never has an opportunity to discover their identity.
	www.wisecounty.com /themuse/StrictConstruction.htm (623 words)

	FindLaw's Writ - Rubin: Conservative Jurists And The Myth Of "Strict Constructionism"
		FindLaw's Writ - Rubin: Conservative Jurists And The Myth Of "Strict Constructionism"
		CONSERVATIVE JURISTS AND THE MYTH OF "STRICT CONSTRUCTIONISM"
		Judicial ideology has now become an explicit part of the judicial confirmation process, with some Senate Judiciary Committee members citing it as one basis for their decisions whether to vote to confirm judicial nominees.
	writ.news.findlaw.com /commentary/20020924_rubin.html (1072 words)

	Law Books January 2006 Antiquarian and Scholarly Law Books
		Light rubbing and a few tiny stains to boards, moderate wear to fore-edges and spine, joints cracked but secure, hinges starting.
		Baldwin, an associate justice of the U.S. Supreme Court from 1830 to his death in 1844, took a middle position between federalism and strict constructionism.
		Despite his moderate outlook he was nevertheless a strongly independent justice.
	www.lawbookexchange.com /jan06/law-books-jan06-2a.html (7849 words)

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