Explain the term loose constructionism (10)

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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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