Explain the term loose constructionism (10)
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- Created on: 30-09-14 14:38
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- Explain the term loose constructionism (10)
- more modern in their views, willing to make ruling
- On the other hand, they are perceived as being strict with the first amendment because they're strict with religion
- freedom of religion, press, speech and assembly
- Justice out weighs sticking to the texts (textual fidelity)
- loose constructionists usually appointed by the liberal democrats
- Seen as being more left wing
- Have the opinion that the doctrine of original intent is flawed because the intent can not be identified
- The Founders are dead, and furthermore, legislators often have contradictory aims and purposes
- Loose constructionist example
- Alexander Hamilton's U.S. Bank is allowed when the construction is followed loosely, but if the construction was followed more strictly it'd be prohibited.
- Loose constructionists believe in Ronald Dworkin's constitution of principle - in which the constitution is an abstract and has general principles
- Usually take part in judicial activism
- More willing to move away from constitution and make laws
- Famous judge associated with activism
- William O. Douglas
- Perceived as being more political
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