What Is Broad Construction?

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 a narrow construct?

(narrow construction) n. interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes.

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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What is the difference between loose and strict construction of the Constitution?

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 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 does the term strict construction mean?

Strict sense of the term

Strict construction requires a judge to apply the text only as it is written. Once the court has a clear meaning of the text, no further investigation is required. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself.

What is narrow interpretation?

n. interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions, and societal changes.

What is meant by a strict interpretation of the Constitution?

Also referred to as “strict interpretation” or “original intent,” because a person who follows the doctrine of strict construction of the Constitution tries to ascertain the intent of the framers at the time the document was written by considering what the language they used meant at that time.

What provision of the Constitution can never be changed without the consent of a state?

Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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What are the characteristics of the framers?

The Framers of the American Constitution were visionaries. They designed our Constitution to endure. They sought not only to address the specific challenges facing the nation during their lifetimes, but to establish the foundational principles that would sustain and guide the new nation into an uncertain future.

What view of human nature is embodied in the Constitution?

Based on the six basic principles of the Constitution, what can you conclude about the Framers’ view of human nature? The Framers’ believe that human nature is greedy and power hungry, so one branch will naturally want to try and get more power than the others.

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.

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.

How did Jefferson and Hamilton interpret the Constitution differently?

Thomas Jefferson favored a strict interpretation of the Constitution, which he interpreted as forbidding everything it did not expressly permit. In contrast, Hamilton favored a loose interpretation.

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