Strict constructionism is a philosophy of judicial interpretation and legal philosophy that holds to the meanings of words and phrases as used when they were written down. Adherents look strictly at the text in question rather than relying on metaphysical ideas such as natural law, or by trying to glean legislative intent from contemporaneous commentaries or legislative debate. Two of the doctrine's most forceful proponents have been Justice Hugo Black and Chief Justice William Rehnquist. Philosophy is a discipline or field of study involving the investigation, analysis, and development of ideas at a general, abstract, or fundamental level. ... There are several theories as to how judges ought to interpret legal sources (legislation, case law and constitutional provisions). ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Metaphysics (Greek words meta = after/beyond and physics = nature) is a branch of philosophy concerned with the study of first principles and being (ontology). ... The natural law or law of nature is a system of justice that exists independently of the positive law of a given political order. ... Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... William Hubbs Rehnquist (October 1, 1924–September 3, 2005) was an American attorney, jurist, and political figure, serving as a Supreme Court justice from 1972 and Chief Justice from 1986. ...

Strict constructionism is not identical to originalism

U.S. Supreme Court Justice Antonin Scalia is usually cited as a prominent advocate of this philosophy, but Scalia demurs, averring that "the text should be interpreted neither strictly nor sloppily, but reasonably"; a more accurate description of the views held by Scalia and Justice Clarence Thomas, is originalist. Scalia differentiates the two by pointing out that "he uses a cane" means "he walks with a cane", not what a strict use of the words might suggest. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Justice Antonin Scalia Justice Antonin Scalia (born March 11, 1936) has been a U.S. Supreme Court Associate Justice since 1986. ... Justice Clarence Thomas Justice Clarence Thomas (born June 23, 1948) is an Associate Justice of the Supreme Court of the United States. ... In the context of U.S. Constitutional interpretation, originalism is a family of theories which share the starting point that a Constitution (or statute) does not evolve in meaning, but rather, has a fixed and knowable meaning, which should be adhered to by Judges. ...

Rationale

Supreme Court Justice Hugo Black wrote in Reid v. Covert, 354 U.S. 1, 5 -6 (1957), "[t]he United States is entirely a creature of the Constitution. Its power and authority have no other source." The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... Reid v. ...

The underlying rationale of strict constructionism is that if a legislature truly wants to enact a particular law, they are quite capable of writing it down in plain English and passing it, and it is not the job of judge to play around with legal fictions or psychoanalysis to reconstruct what the legislature's subconscious intent could have been. Thus, for example, Justice Scalia refuses to look at committee reports that often accompany bills to the House or Senate floor, because the report reflects the views of only a small number of legislators and their staff, and often is not read by all the legislators before they vote as the Committee of the Whole. In the common law, legal fictions, are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... Psychoanalysis is a family of psychological theories and methods that work to elucidate connections among unconscious components of patients mental processes, and to do so in a systematic way through a process of tracing out associations. ...

Criticisms

• Some argue that the term is vague and difficult to apply. Noting that it largely came into prominence as part of Richard Nixon's presidential campaign, they point to a memo written to Nixon in which the term is explained:

A judge who is a "strict constructionist" in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs—the latter two groups having been the principal beneficiaries of the Supreme Court's "broad constructionist" reading of the Constitution. (William H. Rehnquist in a memo to Richard Nixon about Supreme Court nominees)

• The article [1] argues that strict constructionism is an undefined, meaningless concept.

• Opponents of this view claim the term is merely a codeword for judges who tend to support conservative causes.

• Ronald Dworkin argues that strict constructionism is irreconcilable with the interpretive nature of law.

Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the thirty-seventh President of the United States, serving from 1969 to 1974. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the thirty-seventh President of the United States, serving from 1969 to 1974. ... Ronald Dworkin (born 1931) is a philosopher, especially noted for his contributions to legal, political, and moral philosophy. ...

See Also

• Originalism
• Loose constructionism

In the context of U.S. Constitutional interpretation, originalism is a family of theories which share the starting point that a Constitution (or statute) does not evolve in meaning, but rather, has a fixed and knowable meaning, which should be adhered to by Judges. ... Loose constructionism is an ideology that allows for the interpretation, in the broadest sense, of the constitution in law, as opposed to strict constructionism which reasons that the constitution should be interpreted literally. ...

Reference

Slate article with the Rehnquist quote