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Topic: Strict constructionists

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	Religion Clauses 101 by Gene Garman
		B. Strict constructionists of the Constitution accept the wording of the establishment clause as written.
		History revisionists distort the meaning of the religion clauses by asserting that the word "thereof" is to be understood by a broad definition of religion while the word "religion" in the establishment clause is to be understood in a narrow sense.
		Strict constructionists accept the obvious meaning of "thereof" as referring to "religion." History revisionists make the ridiculous claim that the word "thereof" refers generally to "religion" while the establishment clause means specifically "a state religion." 2.
	www.sunnetworks.net /~ggarman/rc101-1.html (754 words)

	Constitution of the United States - Printer-friendly - MSN Encarta
		Advocates have sparred over several contrasting approaches: strict, or narrow, versus broad construction (interpretation); conservative versus liberal; interpretivist versus noninterpretivist; and activist versus nonactivist.
		In general this is a debate between those who believe that the wording of Constitution should be read narrowly and those who argue that in many instances the words themselves provide no guide to the outcome of a case.
		Although strict constructionists are often politically conservative, they need not be.
	encarta.msn.com /encnet/refpages/RefArtTextonly.aspx?refid=761569008&print=140 (772 words)

	Strict constructionism - Wikipedia, the free encyclopedia
		Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences.
		Ronald Dworkin argues that strict constructionism is irreconcilable with the interpretive nature of law.
		Strict constructionism is also sometimes incorrectly used interchangeably with "originalism." Again, the two terms are not necessarily the same.
	en.wikipedia.org /wiki/Strict_constructionism (814 words)

	WowEssays.com - Manifest Destiny
		Strict constructionists were against territorial expansion, while loose constructionists felt expansion was the United States’ destiny.
		Strict constructionists centered their platform around the fact that the constitution never directly states that the federal government has the right to acquire land.
		Loose constructionists and strict constructionists are the main divisive factor for the United States political parties: the democrats and the whigs.
	www.wowessays.com /dbase/aa2/lpf216.shtml (679 words)

	Interesting thought of the day \| media girl
		Any "strict constructionist" jurist would have to uphold a woman's right to an abortion as constitutionally protected, since it was legal and not even regulated during the founding of this nation.
		The attitudes of the "strict constructionist" of that time toward social programs, were primitive - when good people were men of property and the not so good, those who toiled on the land owned by these men.
		But the specific argument that a strict constructionist must uphold abortion as constitutional because abortion was legal in the early 19th century is incorrect.
	mediagirl.org /node/911 (936 words)

	Political Animal: Comment on Recess Appointments
		There are no strict constructionists; there are only people who admit that the Constitution doesn't say exactly what they want, and those who call themselves strict constructionists.
		Strict constructionists only want to consider "original intent" whenit benefits the GOP postion on something.
		I think strict constructionism could be a valid school of thought, but it's not a very practical one given the reality of how the government operates these days and what the citizens expect of it, especially for anyone claiming membership in either major political party.
	www.washingtonmonthly.com /mt/mt-comments.cgi?entry_id=3558 (3792 words)

	What is a "Strict constructionist"?
		Strict constructionists realize and accept that past precedent at times changed original intent of the Founders in post Founder's era law adjudication and they do not necessarily want to over turn all post Founder precedent back to original intent.
		But the distinction that eliminates the charge of hypocrisy is that strict constructionists want to first consider what it is that the Founders wanted and then make the decision if it makes sense in that light to change or stray from what those Founders desired.
		As to what the Founders thought about the idea of strict constructionism, also called "original intent", we can see their very words from which we can understand that they, themselves, thought that constant reinterpretation was an evil to be avoided.
	www.publiusforum.com /hustonconstr.html (973 words)

	The Truth About the Churches of Christ
		These two parties came to be referred to as the Federalists (loose constructionists) and the Antifederalists (strict constructionists).
		Strict constructionists argue that the Bible is the inspired, authoritative, inerrant Word of God, and unchanging.
		Loose constructionists argue that we are free to accept anything not specifically prohibited in Scripture, and strict constructionists counter that we must reject all that is not clearly commanded.
	www.gospelgazette.com /gazette/2003/jul/page14.htm (806 words)

	Giuliani says some judges hurt democracy - Boston.com
		"What 'strict constructionist' means is that a judge will interpret the Constitution in accordance with what someone else meant when they wrote those words and not try to legislate," the former New York mayor said.
		He was asked at the news conference to explain how he could support reproductive rights but at the same time promise to install justices whose strict constructionist views could threaten the landmark Roe v.
		Strict constructionist thinking, he said, "goes way beyond any one issue.
	www.boston.com /news/nation/articles/2007/07/24/giuliani_says_some_judges_hurt_democracy (324 words)

	The University of Chicago Law School Faculty Blog: "I am not a strict constructionist, and no one ought to be."
		Miers believes in "strict construction." But as with "not legislating from the bench," so too here: It is not at all clear what "strict constructionists" do or believe.
		It is doubtful that strict constructionists believe in upholding legislation unless it is very clearly, and beyond the slightest doubt, in violation of the Constitution.
		Wade is taken, by many people, to be what strict construction isn't; and when a judge is said to believe in strict construction, she is said to reject the approach in Roe (along, perhaps, with efforts to require states to recognize same-sex marriage or to remove religion from the public domain).
	uchicagolaw.typepad.com /faculty/2005/10/i_am_not_a_stri.html (1719 words)

	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)

	MonkeyFilter \| When did you stop beating your wife?
		He mentioned that those strict constructionists (which term was coined in the Nixon Administration) would have been for the plaintiff in the Dred Scott decision, but these folks disagree.
		In practice, I would argue that strict constructionists are deeply inconsistent in their application of their principles and that for this reason their decisions tend to line up with their ideology more than their philosophy.
		Trouble is, the strict constructionists in particular aren't always consistent in the application of their principles, so this isn't all that convincing.
	monkeyfilter.com /link.php/9953 (3433 words)

	OpinionEditorials.com — What is a "Strict constructionist"? - Huston
		Strict constructionists realize and accept that past precedent at times changed original intent of the Founders in post Founder’s era law adjudication and they do not necessarily want to over turn all post Founder precedent back to original intent.
		But the distinction that eliminates the charge of hypocrisy is that strict constructionists want to first consider what it is that the Founders wanted and then make the decision if it makes sense in that light to change or stray from what those Founders desired.
		As to what the Founders thought about the idea of strict constructionism, also called "original intent", we can see their very words from which we can understand that they, themselves, thought that constant reinterpretation was an evil to be avoided.
	www.opinioneditorials.com /freedomwriters/whuston_20050117.html (1106 words)

	Can Bush Deliver a Conservative Supreme Court?
		Liberals fear that "strict constructionists" - those who believe the Constitution should be read literally - would ban affirmative action, resurrect school prayer, dismantle the regulatory state and overturn Roe v.
		When Nixon first used the phrase "strict constructionist," he seemed to have in mind justices who would slow the Warren court's expansion of the rights of criminal defendants, as well as end court-ordered school busing.
		Each time the court's strict constructionist justices have appeared on the brink of striking down environmental laws or health and safety laws, the moderates, Justice O'Connor and Justice Kennedy, have stepped back from the brink.
	polazzo.stuysu.org /can_bush_deliver_a_conservative.htm (1123 words)

	Tom Watson: Strict Construction
		Then again, most of those supporting strict constructionists decry judicial activism; strange then that the justice most likely to vote to strike down the actions of a legislative body among current the current Supremes (with a whopping 65.6% overturn record) is Clarence Thomas.
		The very fact that there is a "constructionist" vs "activist" debate is evidence that even the constructionists believe it to be a flexible tool because interpretation is an inherently subjective excercise, and short of writing like the federalist papers, there is no truly knowing any dead person's intent.
		The fact that the base document was amended by the people who wrote it is proof that they realized it was an imperfect work and would need to be modified to meet the needs of society at the time.
	tomwatson.typepad.com /tom_watson/2005/10/strict_construc.html (2719 words)

	The Index Journal - Opinion - Strict Constructionists: Are They Who We Want?
		A judge who is a strict constructionist - a phrase that causes a conservative’s heart to beat faster with excitement and a liberal’s blood pressure to rise with anger.
		William O. Douglas, who is generally acclaimed as a liberal, said that he was a strict constructionist of the constitution.
		When we hear calls for “strict constructionists” to the Constitution, too often what is actually being said is “I want a judge who interprets the Constitution the way I want it interpreted.” And that is true for anyone who is president and appoints judges regardless of what buzz phrase is used.
	www.aclusc.org /Page/Clipping/IndexJour/051220Wise.html (821 words)

	SmallGovTimes.com :: Some judges do make constitutional law - but it is NOT their job
		The judicial philosophy of strict constructionism advocates for judicial restraint.
		However, there is a genuine debate between strict constructionists and legal Darwinists as to what a judicial interpretation should involve.
		Strict constructionists look to the words of the Constitutioninformed by history and the Founding Fathers' intentto determine its plain meaning.
	www.smallgovtimes.com /story/05sep05.judges.job (831 words)

	FindLaw's Writ - Brownstein: Why the President's Defense of Executive Power to Wiretap Without Warrants Can't Succeed ...
		To demonstrate the limits on the utility of the President's strict constructionism - and the unhelpfulness of the "balls and strikes" umpiring metaphor - we examine the eavesdropping question from three "strict constructionist" perspectives: The constitution's theoretical foundations, its text and its original understanding.
		Strict constructionist judges are not limited to foundational theory and text, however.
		As we know from the Court's Eleventh Amendment jurisprudence (involving state immunity from damage suits), strict constructionist jurists are quite prepared to ignore the text entirely if the actual language of the document does not reflect what they believe the framing generation understood a provision to mean.
	writ.news.findlaw.com /commentary/20060217_brownstein.html (2179 words)

	Issue: Making The World Safe Enough For Women
		Strict construction technically means reading the words of the Constitution, which creates the powers of the federal government, very narrowly.
		In political talk, "strict constructionists" are the opposite of "activist" judges, who read the constitutional language more broadly.
		The Republican-dominated court has developed a pattern of strict constructionism when it comes to the powers of Congress, especially when Congress is legislating against violence.
	www.womensenews.org /article.cfm/dyn/aid/253/context/archive (1237 words)

	Parableman: Strict Constructionists and Judicial Activism
		Those who are sometimes called strict constructionists call it judicial activism when a judge first enumerates a right that is not explicitly formulated in the Constitution.
		Posted by Jeremy at 5:26 PM Those who are sometimes called strict constructionists call it judicial activism when a judge first enumerates a right that is not explicitly formulated in the Constitution.
		What "constructionists" disagree with in Roe v Wade, is that it has subsumed to the Federal/Consitutional level that right of "privacy" which is they feel reserved for people (and states) and since the Federal courts have ruled on it, the States can no longer over-ride that, which should be their right.
	parablemania.ektopos.com /archives/2005/07/strict_construc.html (4293 words)

	Appalachia Alumni Association: Strict Constructionism Archives (Site not responding. Last check: 2007-10-16)
		So Bush is out there trying to sell Judge Roberts, telling the American people that he will be a strict constructionist and not try to legislate from the bench.
		In 1886, the “strict constructionists” on the Supreme Court in Plessy v.
		"Strict constructionism" is nothing more than a legal version of fundamentalism, championed by those who want to limit individual rights and force their interpretation of Biblical principals on everyone.
	www.appalachia-alumni-association.net /blog/archives/000990.html (388 words)

	News Page 2 (Site not responding. Last check: 2007-10-16)
		This is an entrenched part of "constitutional law." Neither "strict constructionists" nor "activist" judges believe the court does not currently have such power.
		"Strict constructionist" rhetoric usually touts returning to the Founding Fathers' "original intent" for the constitution.
		By definition, "strict constructionist" judges are more bound by the constitution and precedents than "activist" judges.
	www.abi-demian.info /050108/page2.html (463 words)

	Strict constructionism - dKosopedia (Site not responding. Last check: 2007-10-16)
		Strict constructionism is a philosophy of judicial interpretation and legal philosophy that holds to the meanings of words and phrases as used when they were written down.
		Adherents look strictly at the text in question rather than relying on metaphysical ideas such as natural law, or by trying to glean legislative intent from contemporaneous commentaries or legislative debate.
		Thus, for example, Justice Scalia refuses to look at committee reports that often accompany bills to the House or Senate floor, because the report reflects the views of only a small number of legislators and their staff, and often is not read by all the legislators before they vote as the Committee of the Whole.
	www.dkosopedia.com /wiki/Strict_constructionism (362 words)

	[No title] (Site not responding. Last check: 2007-10-16)
		Sensible conversation about the virtues and limitations of a "strict constructionist" approach to judicial interpretation calls in the first instances for an accurate understanding of how the federal bench is actually deciding real cases today.
		In simplistic terms, a judge is said to be a "strict constructionist" if she resolves constitutional cases solely on the basis of the language and original understanding of the constitutional text.
		From the standpoint of a principled strict constructionist, this direction in judicial thinking would be simply indefensible.
	www.law.georgetown.edu /gelpi/papers/conservative.htm (718 words)

	Some judges do make constitutional law -- but it's not their job by John T. Plecnik at Over A Teacup
		There is a genuine debate, however, between strict constructionists and legal Darwinists as to what a judicial interpretation should involve.
		Strict constructionists look to the words of the Constitution informed by history and the Founding Fathers' intent to determine its plain meaning.
		Legal Darwinists and strict constructionists are locked in an ongoing debate.
	www.overateacup.com /plecnik2.html (839 words)

	Leftists and the Constitution (Site not responding. Last check: 2007-10-16)
		They've become strict constructionists of at least a sentence or two in the Constitution.
		One thing for sure is their sudden conversion to strict construction of the "high crimes and misdemeanors" language of the Constitution is nothing less than disingenuous manipulation.
		Congresswoman Zoe Lofgren (D. CA) and Congressman Barney Frank (D. MA) are leading proponents of the Framer-intent, strict constructionist interpretation of the Constitution's impeachment language.
	www.gmu.edu /departments/economics/wew/articles/98/liberals.htm (516 words)

	RealClearPolitics - Articles - Roe, Not Giuliani, Is The Real Abortion Muddle
		It would be also (OK) if a strict constructionist judge viewed it as precedent and I think a judge has to make that decision.
		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.
	www.realclearpolitics.com /articles/2007/05/roe_not_giuliani_is_the_real_a.html (745 words)

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