Difference between revisions of "Loose constructionism"
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Loose constructionists say that courts should practice [[judicial activism]] by abiding by what the Constitution figuratively says. The converse of this is the idea that the United States Constitution should be interpreted [[strict constructionism|strictly]], refusing to creating new rights that aren't explicitly in the Constitution. The Constitution itself spells out the procedures for amending the document to include new rights. Loose constructionists disrespect this process, unlike strict constructionists. | Loose constructionists say that courts should practice [[judicial activism]] by abiding by what the Constitution figuratively says. The converse of this is the idea that the United States Constitution should be interpreted [[strict constructionism|strictly]], refusing to creating new rights that aren't explicitly in the Constitution. The Constitution itself spells out the procedures for amending the document to include new rights. Loose constructionists disrespect this process, unlike strict constructionists. | ||
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Revision as of 04:34, December 24, 2020
Loose constructionism is a judicial principle, first developed by Alexander Hamilton's Federalist Party, which interprets provisions of the United States Constitution broadly.
Loose constructionists say that courts should practice judicial activism by abiding by what the Constitution figuratively says. The converse of this is the idea that the United States Constitution should be interpreted strictly, refusing to creating new rights that aren't explicitly in the Constitution. The Constitution itself spells out the procedures for amending the document to include new rights. Loose constructionists disrespect this process, unlike strict constructionists.
