Quick Answer: What Is Loose Construction?

What is an example of strict construction?

Strict constructionism refers to the practice of applying a narrow, or ‘strict‘, interpretation of the U.S. Constitution or other legal texts. Key examples and cases that serve to illustrate strict constructionism include Thomas Jefferson’s opposition to Alexander Hamilton’s idea of a national bank, the Scott v.

What is the definition of loose interpretation?

A loose interpretation, also called loose construction, means that any right not forbidden in the Constitution is granted to U.S. citizens. Alexander Hamilton believed in interpreting the Constitution in this way. Thomas Jefferson believed in the opposite approach, interpreting the Constitution more strictly.

What are loose and strict construction of the Constitution and who favored each?

5. What are loose and strict construction of the Constitution and who favored each? Loose construction means a flexible interpretation – favored by Hamilton. Strict construction means a narrow interpretation – favored by Jefferson.

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What is the difference between strict construction and broad construction?

Strict Constructionist: one who favors a strict construction and intrepretation of the Constitution of the United States. Broad (Loose) Constructionist: one favoring a liberal construction and intrepretation of the Constitution of the U.S. to give broader powers to the federal government.

What is the rule of strict construction?

The rule of lenity, also called the rule of strict construction, is a principle of criminal statutory interpretation that requires a court to apply any unclear or ambiguous law in the manner that is most favorable to the defendant.

Why is strict construction important?

Most users employ strict construction to support political positions by portraying them as the result of what at least sounds like a value-neutral interpretive technique. The phrase’s political use now outweighs any technical legal significance it may have.

What’s the difference between loose and strict construction?

Strict construction means that the Federal government has very limited powers. Loose construction means that the Constitution gives the Federal government broad powers to do what is necessary.

What did Thomas Jefferson say about the Constitution?

As he did throughout his life, Jefferson strongly believed that every American should have the right to prevent the government from infringing on the liberties of its citizens. Certain liberties, including those of religion, speech, press, assembly, and petition, should be sacred to everyone.

How would a strict constructionist characterize the federal government?

Arguing that “that government is best which governs least,” the strict constructionists desired a small federal government, one that would leave most power to the states and to the people.

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What is the difference between a strict and a loose interpretation of the powers of Congress in the Constitution?

strict:Constitution states that the government of the United States holds only those powers specifically granted to it by the Constitution;loose:interpretation of the Constitution posits that the government of the United States hold all powers that are not specifically denied to it by the Constitution.

What is strict constructionist quizlet?

Strict Constructionist. a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take. Judicial Activism.

How did federalists interpret the Constitution?

In addition, the Federalists felt that the Constitution was open for interpretation. In other words, Federalists believed that there were unmentioned rights belonging to the federal government, and therefore the government had the right to adopt additional powers.

What is broad construction?

Save This Word! A theory of interpretation of the Constitution that holds that the spirit of the times, the values of the justices, and the needs of the nation may legitimately influence the decisions of a court, particularly the Supreme Court. Sometimes called judicial activism.

Was Thomas Jefferson a loose or strict constructionist?

Thomas Jefferson believed in a strict construction of the Constitution. He believed people should follow exactly what was stated and allowed in the document. When it came to the national bank, he believed in a strict interpretation, as well.

What is the difference between a strict constructionist and a broad constructionist quizlet?

Those who believe that the text of the Constitution is important and that any interpretation should be kept to a minimum have traditionally been known as strict constructionists, while others prefer the term originalists.

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