strict constructionism

(noun)

a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation (the phrase is also commonly used more loosely as a generic term for conservatism among the judiciary)

Related Terms

  • Enumerated Powers Act
  • Andrew Jackson
  • delegated powers
  • laissez-faire
  • enumerated powers act

Examples of strict constructionism in the following topics:

  • Delegated Powers

    • One school of thought is called "strict constructionism."
    • Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.
    • Another school of thought is referred to as "loose constructionism."
    • Maryland established constitutional proof for strict constructionists.
    • Compare and contrast the "strict constructionists" and "loose constructionists" schools of thought of the Constitution
  • Jacksonian Democrats: 1824–1860

    • Complementing a strict construction of the Constitution, the Jacksonians generally favored a hands-off approach to the economy, as opposed to the Whig program sponsoring modernization, railroads, banking, and economic growth.
  • Strict Scrutiny

    • The legal standard of strict scrutiny, the most stringent standard of judicial review, must be used in all court cases involving affirmative action.
    • Strict scrutiny is the most stringent standard of judicial review used in American courts .
    • Strict scrutiny is the standard that is employed in litigating affirmative action cases.
    • Judges apply strict scrutiny tests when a case regarding affirmative action come before them.
    • Describe the three tests a law faces under a strict scrutiny standard
  • The Goals of Economic Policy

    • A compromise between strict discretionary and strict rule-based policy is to grant discretionary power to an independent body.
  • Debate

    • Because of its size, the House relies heavily upon fixed rules and strict timetables for debate.
  • State Initiatives Against Affirmative Action

    • Peña, which established strict scrutiny standards of review for race and ethnicity-based federal affirmative action programs.
  • Inherent Powers

    • First, Washington helped to establish them in the first place, when he wanted to use them as a basis for proclaiming a policy of strict neutrality when the British and French were at war.
  • The Free Exercise Clause: Freedom of Religion

    • With the ascendancy of the Warren Court under Chief Justice Earl Warren, a new standard of "strict scrutiny" in various areas of civil rights law was applied.
    • Verner (1963), the Supreme Court required states to meet the "strict scrutiny" standard when refusing to accommodate religiously motivated conduct.
  • Freedom of Speech

    • Restrictions placed upon core political speech must weather strict scrutiny analysis or they will be struck down.
    • Restrictions that require examining the content of speech to be applied must pass strict scrutiny.
  • The Exclusionary Rule

    • In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action can be thrown out from a jury.
Subjects
  • Accounting
  • Algebra
  • Art History
  • Biology
  • Business
  • Calculus
  • Chemistry
  • Communications
  • Economics
  • Finance
  • Management
  • Marketing
  • Microbiology
  • Physics
  • Physiology
  • Political Science
  • Psychology
  • Sociology
  • Statistics
  • U.S. History
  • World History
  • Writing

Except where noted, content and user contributions on this site are licensed under CC BY-SA 4.0 with attribution required.