Sunday, June 7, 2020

Strict vs Loose Construction Essay Sample

Strict vs Loose Construction The US Constitution provides for the separation of power into three main branches: the legislative power represented by Congress, the executive in the person of the President; and the judiciary by the Supreme Court. It means that Congress create the Law, President enforces the Law and Supreme Court interpret it. There are wide constitutional interpretations but they are mainly related to one type of construction- Strict or Loose. The founder of Strict Construction was Thomas Jefferson. This construction is also called Originalism. Alexander Hamilton was a representative of the Loose Construction, which is known as Living Constitution. Pros and cons have both constructions. The Originals believe that Constitution should be interpreted in the way that those who wrote it. This way is more academic and requires primary sources rather than opinions of judges. It can be difficult to understand what exactly the founders meant in the certain part of Constitution. Adherents of the Living Constitution believe that the meaning of the document changes with the time and the Strict Construction would never have implemented. Living Construction claims to be reflected the opinions of the times, justice, and progress than actual logic. The fact is that Living Constitution is not always social progressive one. The Constitution is supposed to be an embodiment of the fundamental principles, which remain solid. Changing Constitution from time to time, we neglect the idea of the constant law and Constitution itself. The group of judges would amend Constitution on their own ideas and opinion and then they impose on the origins of both constructions are Hamiltons and Jeffersons statements, which were concerned about government-related actions. That is why the idea of Living Constitution can be manipulated. The origins of both constructions are Hamiltons and Jeffersons statements, which were concerned about government-related actions. Hamilton insisted on strong Central Government, restricted the state rights by only what is written in the Constitution. According to Hamiltons ideas, common people are incapable of self-government that is why elite should rule. However, it must be clarified, that Hamilton represented the rights of merchants, bankers, and well-educated landowners. At the same time, Hamilton advocated democratic rights and the possibility of government do what is good for the country even if the Constitution does not clearly indicate. As Jefferson represented interests of shopkeepers, poor farmers, frontier settlers who were mostly illiterates, that`s why low voting qualifications were required. His Strict Construction supposes the Central government can do only what directly listed in the Constitution. These constructions are opposed to each other, but we cannot adhere to only one and go to extremes. The solution of the problem is a Common Law. It is based on precedents and traditions collected over the time. The precedents give space for changing and adoption but only related to the past practice. The Loose and The Strict Construction are not only about Constitution but actions of government itself. Strict Construction represents the Constitution as a kind of treaty that the government must obey unconditionally and literally. The Loose Construction says that the Constitution is a collection of fundamental ideas and principles. They indicate the direction and the basis, but the government can develop and adapt the norms in the conditions of modern times. The debates about Loose and Strict construction gave the origins of two- party political system: one values the tradition in the rule of law, another values the justice in progress.

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