Strict Construction in the United States

An approach to constitutional or statutory interpretation that calls for a literal adherence to the law. The basic concept of strict construction is that courts should not engage in lawmaking through interpretation. Neither should they recognize governmental powers that go beyond the scope of those specifically set forth in law. The opposite of strict construction is loose or adaptive construction. In many respects, the idea of strict construction is similar to the concept of judicial self-restraint.

See Also

Interpretive Approaches (Apellate Judicial Process) Judicial Review (Apellate Judicial Process) Judicial Self-Restraint (Apellate Judicial Process).

Analysis and Relevance

The concept of strict construction has greater political meaning than it has legal meaning. The term is frequently used by those critical of a judicial decision. The term embraces neither liberal or conservative values as such, but rather is occasionally asserted by persons or groups who object to the particular rulings of courts. The criticisms generally assert that rulings are wrong because courts have departed from the plain or literal meaning of the Constitution or of statute. Richard Nixon, for example, was highly critical of the Warren Court’s decisions, especially as they pertained to criminal defendants. He pledged to remedy the situation by appointing only strict constructionists to the Supreme Court, people who would presumably render decisions more supportive of law enforcement. The real focus of strict construction is the role of the courts relative to the other branches in making policy decisions.

Notes and References

1. Definition of Strict Construction from the American Law Dictionary, 1991, California

Strict Construction Definition

A rule of judicial interpretation or exposition which follows closely the letter of the statute or instrument construed disfavoring any extension or relaxation of it by implication, favor, or equity; a close and conservative adherence to the literal or textual interpretation. It is not the exact converse of “liberal construction,” for it does not consist in giving words the narrowest meaning of which they are susceptible. 267 111. 86.

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A rule of judicial interpretation or exposition which follows closely the letter of the statute or instrument construed disfavoring any extension or relaxation of it by implication, favor, or equity; a close and conservative adherence to the literal or textual interpretation. It is not the exact converse of “liberal construction,” for it does not consist in giving words the narrowest meaning of which they are susceptible. 267 111. 86.

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This definition of Strict Construction Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Strict Construction

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled STRICT CONSTRUCTIONThis phrase purports to describe a method of constitutional interpretation. Those using it, however, often are not referring to the same interpretive method. Classically, a strict construction is one that narrowly construes Congress’s power under Article I, section 8. But some
(read more about Constitutional law entries here).

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Strict Construction in 1899 (United States)

The following information about Strict Construction is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

STRICT CONSTRUCTION. (See CONSTRUCTION.)

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Strict Construction in the U.S. Legal History

Summary

The view that the powers of the national government are limited to those described in the U.S. Constitution.