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help don't understand these terms

2006-12-19 16:21:24 · 2 answers · asked by Anonymous in Politics & Government Other - Politics & Government

i meant the constitution

2006-12-19 16:25:03 · update #1

2 answers

My own take on those terms -- loose and strict interpretation -- is that the terms refer to a kind of old Hamiltonian-government v. Jeffersonian-government debate. The words usually referred to the question of how loosely or strictly to interpret the powers of the federal government, especially as delegated by Article 1, Section 8 of the Constitution. Jefferson and his Anti-Federalists were insistant on "strict construction" of Congress's powers and read the power of regulating "commerce among the states" quite narrowly. Whereas Hamilton and the Federalists read the Interstate Commerce Clause quite "loosely" and thus allowed for a broad discretion in Congress to regulate things which were not "strictly" an interstate commercial transaction.

2006-12-19 17:04:03 · answer #1 · answered by Anonymous · 0 0

In terms of the Constitution, a Strict Interpretation means that one reads the actual words in the document to understand what they mean.

For example, the Right to Keep and Bear Arms (weapons, like assault rifles) is spelled out clearly in the Constitution, so that in a crisis the common Citizens can be called up to fight in defense of the law and their liberty, bringing their own weapons. A Strict interpretation (as applied in the Miller case) means that if a firearm can be shown to have combat usefulness, then government cannot interfere in any way (licensing or other restrictions) with your Right to possess it and carry it.

A 'loose' interpretation, usually applied by Activist Judges who want the document to say something other than what it says, is a way of roundabout rationalization to come up with new meanings that are not in the actual document.

For example, the Constitution says nothing about a Right to Abortion. However, some folks wanted it to become a Right and therefore made a 'loose' interpretation of the Right to Privacy (that is also a 'loose' interpretation, not spelled out in the Constitution). They chose to ignore the Declaration of Independence that spells out our basic Human Rights, beginning with the Right to Life, that the Constitution's actual words were designed to protect.

The 'loose' interpretation came up with a meaning that is opposite of what is actually spelled out. This has also happened with 'separation of church and state' that is also not in the Constitution.

A nation creates a Constitution as the highest level of law governing the behavior of government and society. When it can be freely ignored or 'loosely' interpreted to mean something other than what it says, it no longer serves the purpose for which it exists.

2006-12-19 16:25:09 · answer #2 · answered by speakeasy 6 · 0 0

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