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Strict construction is a legal philosophy of judicial interpretation in which the original intent of the constitution holds that the Constitution means exactly what it says, and thus, is not open to interpretation or inference. This legal philosophy is sometimes called "judicial conservatism." In addition, strict constructionalism stemmed from Thomas Jefferson and other anti-federalists, who believed that since the United States government's powers are derived from the consent of the governed then the people or the States should restrict the Supreme Court's power. In other words, a judge should strictly look at the constitution and if it does not answer the problem at hand, then it should be up to the states to decide.
Loose construction is based on the idea that the Founding Fathers could not have foreseen what the world would be like in the 21st Century, and that the Constitution must thus be interpreted in light of historic and societal change. Loose constructionism is sometimes called "judicial liberalism."
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What was the debate between the Loose Vs Strict Constructionist?
The strict constructionists wants to follow the Constitution down to the letter, in accordance with what the founding meant the terms to mean. The loose constructionists want to incorporate changes to society into the interpretation of the Constitution.
What is Broad vs Narrow's interpretation of the Constitution?
A broad interpretation of the Constitution would be one that allows a considerable amount of flexibility. A narrow interpretation would tend to interpret the laws in the most literal sense. Anti-Federalists like Thomas Jefferson favored a strict interpretation, and were against loose interpretation because it meant stepping outside the boundaries, and assuming more power than had been granted. The Federalists, on the other hand, favored a more ambiguous interpretation that would allow to the government to assume additional power when needed.
How did the Supreme Court's decision in MucCulloch vs Maryland expand the power of the national government?
Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause, is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress. But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution. In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers.
What did the US Supreme Court rule in Furman v Georgia?
In Furman vs. Georgia the court ruled that all existing death penalty laws violated the constitution.
What provisions in the US Constitution make it a flexible documentation?
The provision that provides flexibility to the U.S.Constitution is Article 5, which established procedures for proposing and ratifying amendments to the Constitution. Article 3 established the Supreme Court and the power of judicial review. It does not grant the Court the power to interpret the Constitution. However, in the 1803 case Marbury vs. Madison the Supreme Court determined that it had the right to interpret the Constitution, thus lending flexibility to the Constitution. -- Contributed by Ray Kovach, Chicago, IL
What are similarities and differences between Jefferson And Jackson?
similarities between Jefferson and Jackson Both had slaves Differences:Federalist and Republican(strict vs loose construction of Constitution)
What was the debate between the Loose Vs Strict Constructionist?
The strict constructionists wants to follow the Constitution down to the letter, in accordance with what the founding meant the terms to mean. The loose constructionists want to incorporate changes to society into the interpretation of the Constitution.
What did Thomas Jefferson and Alexander Hamilton disagree about?
its easier to ask what they didnt disagree about (; but they isagreed about the national bank mostly. Jeffeson declaredit unconstitutional, buyt Washington went for it. Jefferson was a Democratic- Republican and Hamilton was a Federalist, so they did not see eye to eye on most things.
What was Andrew Jackson's views on strict vs loose construction of the constitution?
As with Jefferson and Madison, Jackson had a mixed record on strict construction. On matters such spending federal funds on intrastate roads, he vetoed such legislation on the basis of it exceeding the enumerated power of congress to raise and distribute those funds so, stating: "it is true that many of the taxes collected from our citizens through the medium of imposts have for a considerable period been onerous. In many particulars these taxes have borne severely upon the laboring and less prosperous classes of the community, being imposed on the necessaries of life" As for the removal of indigenous populations from the state of Georgia, it would seem that this was beyond the enumerated powers of congress however, as was his use of federal troops to put down labor unrest
What are the release dates for In Search of the Constitution - 1987 1987 vs- the Constitution 1-10?
In Search of the Constitution - 1987 1987 vs- the Constitution 1-10 was released on: USA: 1987
Mayflower Compact vs Constitution Preamble?
Constitution is more important
When did USS Constitution vs HMS Guerriere happen?
USS Constitution vs HMS Guerriere happened on 1812-08-19.
Hamilton vs Jefferson?
Hamilton lead the federalist (people for the constitution) while Jefferson lead the anti-federalist (people against the constitution or believed that the constitution did not fully protect the rights of the citizens). It was a battle of federalist vs anti-federalist.
What is Broad vs Narrow's interpretation of the Constitution?
A broad interpretation of the Constitution would be one that allows a considerable amount of flexibility. A narrow interpretation would tend to interpret the laws in the most literal sense. Anti-Federalists like Thomas Jefferson favored a strict interpretation, and were against loose interpretation because it meant stepping outside the boundaries, and assuming more power than had been granted. The Federalists, on the other hand, favored a more ambiguous interpretation that would allow to the government to assume additional power when needed.
Who were the combatants of the Constitution vs Guerriere?
Red Sox v. Yankees
When did the USS Constitution Vs Guerriere start?
August 19 1812
What are the dimensions of personality?
Here are the most common... 1. Introverted vs Extroverted 2. Feeling vs Thinking 3. Inuitive vs Sensual 4. Perceptive vs Judgmental 5. Doing vs Observing 6. Agreeable Vs Conflicting 7. Conscientious vs Carefree 8. Neurotic vs Stable 9. Openness vs Strict 10. Creative vs Traditional
