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Edited on Wed Dec-28-05 05:35 PM by ixion
okay, so I was doing some digging...I was wondering just exactly people meant when they use the phrase 'strict constructionist'. I looked it up on wikipedia:
Strict constructionism is a philosophy of judicial interpretation and legal philosophy that limits judicial interpretation to the meanings of the actual words and phrases used in law, and not on other sources or inferences. Adherents look strictly at the text in question rather than relying either on legislative intent (as gleaned from contemporaneous commentaries or legislative debate) or on metaphysical ideas such as natural law. Two of the doctrine's most forceful proponents have been Supreme Court of the United States Justice Hugo Black and Chief Justice William Rehnquist, and Chief Justice of Australia Owen Dixon.
http://en.wikipedia.org/wiki/Strict_constructionism http://en.wikipedia.org/wiki/Bill.of.Rights So let's take that definition, and apply it to the Bill of Rights. The ten amendments making up the Bill of Rights are:
- * First Amendment – Freedom of speech, press, religion, peaceable assembly, and to petition the government.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- * Second Amendment – Relates to the right to keep and bear arms.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
- * Third Amendment – Protection from quartering of troops.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
- * Fourth Amendment – Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- * Fifth Amendment – Due process, double jeopardy, self-incrimination, private property.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- * Sixth Amendment – Trial by jury and other rights of the accused.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
- * Seventh Amendment – Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
- * Eighth Amendment – Prohibition of excessive bail, as well as cruel or unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- * Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
- * Tenth Amendment – Powers of states and people
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Okay, so BY THE DEFINITION of so-called 'strict constructionism', where are constructionists like Gonzales, Alito and so on getting off doing all this ELABORATE INTERPRETATION of the Bill of Rights, when by their own self proclaimed definition, they seek to interpret literally, word-for-word the meaning of the text as written? By elaborate interpretation, I mean things like: a) domestic spying b) illegal invasions c) torture and 'rendition' d) executive privilege See, in the reality-based community, that's a serious logic break, so it'd be nice if some investigative journalist out there could stop checking his/her stock portfolio and do some serious work. :grr: Also, any lurking freepers out there who would like to take a crack at (logically) explaining that one, I'd be more than happy to listen. on edit: added links |
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