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How does a strict constructionist interpret the Constitution compared to a judicial interpretivist? Give examples of...

How does a strict constructionist interpret the Constitution compared to a judicial interpretivist? Give examples of each.

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Expert Solution

Strict Constructionist Interpretation:

Introduction -

The basic ideology of them is that the interpretation of the constitution should be done with the same perspective as and when it was made a law. It's often known as orginalism. More academic but

Constitution as on Judicial interpretivist -

Though the basic of judicial interpretation is the use of judicial cases with regard to the constitution to make it effective and to strategically interpret from the past judicial case .As per the strict Constructionism the judge should just give statement as made prior in time

Thereafter, they tend to ignore context and just go with only words on page, understand and apply on original perspective of the text not giving any importance to the current personal or political aspect .

However the meaning of constitution changes with time so does there interpretation , i.e. is loose Constructionism has made possible ferderal legalisation of same SEX MARRIAGE as change is law of nature but strict Constructionism would have never let it happen. And this loose Constructionism is actually not amending or moulding justice statements with it changes with the arbitray of society brings out justice and progress.

Example : Strict Constructionism Scott vs Sanford.

In 1933, an army surgeon Dr. Emerson brought home a slave Scott ,who being with him made his own family along, in 1946 the doctor died and Scott asked to be free from slavery but doctor's wife did not agree . However after being fought at lower courts in 1956 , it was bought to supreme court under Chief justice Roger Taney ,though the state they were living in ,slavery was outlawed ; the clause pointed out that time was , "point directly and specifically to negro race as a seperate class of persons and clearly that they were not regarded as portion of people or citizens of government than formed". Unfortunately,favoring doctor's wife ,however chief justice himself accepted that court's strict Constructionism policy tied his hands .

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