Strict Constructionists believe a narrow, strict and literal interpretation of the express language of the Constitution is proper. This judicial philosophy requires a court to apply the exact written text of the law or regulation to the issue before the court. Otherwise known as "plain meaning," the court must apply the statute as written; there must be no interpretation or drawing inferences.
The problem with the Strict Construction philosophy is that its adherents refuse to address ambiguity in language, or that the meaning of words can change over the years. And, if the traditional meaning was applied by a court, would current citizens understand the court's decision. Example: Take the word "appeasement." Prior to WWII, appeasement was another word for "negotiation." Today, it means cowardly yielding to a bulling opponent. If "appeasement" was written into the Constitution or statute, if a Strict Constructionist used the pre-WWII interpretation of the word, would contemporary readers understand the court's intent?
Loose Constructionists believe the opposite; the literal language of the Constitution or statutes must be interpreted in light of contemporary society, social conduct and common understanding of language. As Justice Marshall wrote in McCulloch, "Sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional." McCulloch v. Maryland, 17 US 316 (S.Ct. 1819-03-06)
Complicating this philosophical debate is that each side has never adhered strictly to their own principles. Jefferson, the hero of Strict Constructionists, often took a Loose Constructionist approach while President. Hamilton, hero to the Loose Constructionists, often argued for strict application of the Constitution in certain situations.
Last, do not confuse Strict Construction with Originalism. Originalism (the term came into usage in the 1980's) is a philosophy based on the principle that courts are merely to uphold the law, not interpret, "create" or amend laws. The latter powers are, under Originalism, reserved strictly for the legislative branch.
To answer your question, let me use the American Constitution as an example.
Thomas Jefferson believed in a strict construction of the Constitution; that means, he believed people should follow exactly what was stated and allowed in the document. Anything not given to the federal government in the Constitution would be given to the states and the people.
On the other hand, Alexander Hamilton believed in a loose construction of the Constitution; that means, he thought you could take whatever action you wanted, as long as the document did not specifically say you couldn't do it.
So, a strict constructionist would feel the need to follow the specific instructions and rules of something, while a loose constructionist would feel it was acceptable to find a loophole, or do something not directly forbidden.
A loose constructionist meant that unless the constitution directly prohibited an act, it could be done. Strict constructionists believed that constitution had to directly approve an act. if it wasn't in the constitution it was thought to be unconstitutional and wong
Strict Constructionists believe a narrow, strict and literal interpretation of the express language of the Constitution is proper. This judicial philosophy requires a court to apply the exact written text of the law or regulation to the issue before the court. Otherwise known as "plain meaning," the court must apply the statute as written; there must be no interpretation or drawing inferences.
The problem with the Strict Construction philosophy is that its adherents refuse to address ambiguity in language, or that the meaning of words can change over the years. And, if the traditional meaning was applied by a court, would current citizens understand the court's decision. Example: Take the word "appeasement." Prior to WWII, appeasement was another word for "negotiation." Today, it means cowardly yielding to a bulling opponent. If "appeasement" was written into the Constitution or statute, if a Strict Constructionist used the pre-WWII interpretation of the word, would contemporary readers understand the court's intent?
Loose Constructionists believe the opposite; the literal language of the Constitution or statutes must be interpreted in light of contemporary society, social conduct and common understanding of language. As Justice Marshall wrote in McCulloch, "Sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional." McCulloch v. Maryland, 17 US 316 (S.Ct. 1819-03-06)
Complicating this philosophical debate is that each side has never adhered strictly to their own principles. Jefferson, the hero of Strict Constructionists, often took a Loose Constructionist approach while President. Hamilton, hero to the Loose Constructionists, often argued for strict application of the Constitution in certain situations.
Last, do not confuse Strict Construction with Originalism. Originalism (the term came into usage in the 1980's) is a philosophy based on the principle that courts are merely to uphold the law, not interpret, "create" or amend laws. The latter powers are, under Originalism, reserved strictly for the legislative branch.
They were strict constructionist which means they took the constitution literally word for word. While others took the constitution loosely and were known as loose constructionists.
Monroe believed that the US needed a strong central government that had power. He believed that most of the powers were implied in the Constitution, though, not specifically spelled out, because 1) if the Founders did that they were bound to forget something and 2) he wanted the goals of the Constitution to be able to be flexible to changing standards and the evolution of the US. Therefore, he technically could be considered both a loose and strict constructionist, but most consider him to be a loose constructionist because he was in favor of a powerful executive.
because he was for manufacturing and not for farming. Jefferson was a strict constructionist and he was for farming. hamilton was a loose constructionist also because he thought that elastic clause is not looking for a strict govt. Jefferson wanted a srtict govt. and did what the constitution said exactly how it is said....that is all. :) no lies... no junk.... real constitution stuff.
similarities between Jefferson and Jackson Both had slaves Differences:Federalist and Republican(strict vs loose construction of Constitution)
Hamilton was loose, whereas Jefferson was strict in interpreting the Constitution.
Thomas Jefferson was a strict constructionist. Hamilton was a loose constructionist.
He was a strict constructionist. He viewed interpretted the Constituion narrowly. Strict constructionist were also called antiFederalists.
Thomas Jefferson was a strict constructionist president, but during his presidency he made many loose constructionist decisions. (during his 1st term)
John Adams was generally considered to be a strict constructionist, meaning he believed in a strict interpretation of the constitution. However, there were some instances where he deviated from this view, such as when he signed the Alien and Sedition Acts, which many argued were unconstitutional. So, while Adams leaned towards strict constructionism, his actions were not always consistent with this perspective.
Thomas Jefferson was a strict constructionist president, but during his presidency he made many loose constructionist decisions. (during his 1st term)
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.
John Marshall is considered to have been a loose constructionist, rather than a strict constructionist. Marshall was the 4th Chief Justice of the Supreme Court.
They were strict constructionist which means they took the constitution literally word for word. While others took the constitution loosely and were known as loose constructionists.
They were strict constructionist which means they took the constitution literally word for word. While others took the constitution loosely and were known as loose constructionists.
Monroe believed that the US needed a strong central government that had power. He believed that most of the powers were implied in the Constitution, though, not specifically spelled out, because 1) if the Founders did that they were bound to forget something and 2) he wanted the goals of the Constitution to be able to be flexible to changing standards and the evolution of the US. Therefore, he technically could be considered both a loose and strict constructionist, but most consider him to be a loose constructionist because he was in favor of a powerful executive.
In a loose view, constitutionalist perspective means that you have the right to challenge the government. With a loose view, you feel that laws have been passed to prevent wars between the states.
A strict interpreter must change every word from the speakers language to the listeners language. A loose interpreter has more liberty to relay the message in the most efficient way without concern of every word.