Definition Of Liberal Constructionist In Government
For example faced with an ambiguous article in a statute a liberal construction would allow a judge to consider the purpose and object of a. The use of the term strict construction in American politics is not new.
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The debate between strict and loose construction of the United States Constitution has been a feature of the republics history since the very beginning.
Definition of liberal constructionist in government. A liberal constructionist is one who argues interpretation of the provision of the Constitution particularly those granting power to the federal government. Liberalism political doctrine that takes protecting and enhancing the freedom of the individual to be the central problem of politics. Hamilton unlike Jefferson wanted to use the federal government to pursue an aggressive strategy of industrialization and economic development.
But liberal construction cannot save the Tribes claim which founders on a clear geographic limit in the Treaty. The Liberals were for a broad construction of the powers given to congress. The Court applying the liberal construction that Congress intended held that the master was a seaman click for more sentences of liberal construction.
Liberal construction in a sentence - Use liberal construction in a sentence 1. Broad powers more power goes to the central government Hamilton is an example of a liberal constructionist. One who favors a strict construction of the Constitution of the United States compare loose constructionist.
Supporting arguments Alexander Hamilton. Liberal constructionists believe that when interpreting the Constitution meaning and intent should be inferred based on consideration of the. Strict constructionisim or original intent is a theory limiting interpretation of legal and constitutional language to the literal meaning of this language at the time of passageThis theory contrasts with a loose construction of laws which allows broader discretion by judges to determine intent in legal language.
To give broader powers to the federal government compare elastic sense 4a strict constructionist. The other faction the broad constructionists led by Alexander Hamilton argued for a much more powerful federal government and a much broader reading of the Necessary and Proper Clause. Strict construction is the opposite of liberal construction which permits a term to be reasonably and fairly evaluated so as to implement the object and purpose of the document.
In this type of interpretation the words are interpreted in a fair and reasonable manner in accordance with the objects and purposes of the instrument. The term was used regularly by members of the Democratic-Republican Party and Democrats during the antebellum period when they argued that powers of the federal government listed in Article I should be strictly construed. The Liberal Constructionists were led by Alexander Hamilton and argued from a Federalists point of view.
An advocate of loose construction as of a statute or constitution specifically. They embraced this approach in the hope that it. Law concerns how judges should interpret the law.
They believed that the government needed to be an energetic government Hamilton stated. Liberal construction refers to interpretation of a statute or a written document in a loose and liberal way. One favoring a liberal construction of the Constitution of the US.
Start studying liberal vs strict constructionist. Liberals typically believe that government is necessary to protect individuals from being harmed by others but they also recognize that government itself can pose a threat to liberty. A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document.
An ongoing debate in US. While interpreting the words through liberal construction the judges are allowed to consider extraneous factors while deciding the meaning of a phrase or. Narrow interpretation expressed powers everything leftover goes to the States Thomas Jefferson was a strict constructionist.
Learn vocabulary terms and more with flashcards games and other study tools. One who favors giving a narrow conservative construction of a given document or instrument specifically. A strict constructionist attempts to interpret the law based on the words of the law itself while a loose constructionist applies a more liberal reading to the text.
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