Broad vs. Strict Construction of the Constitution is a definition of Broad Construction.
Broad construction is an approach to constitutional interpretation that emphasizes a flexible and permissive reading of the Constitution.Like its opposite, strict construction, the phrase has political significance.
Alexander Hamilton and thomas Jefferson disagreed over the constitutionality of the bill to establish the Bank of United States.The doctrine of implied powers was the essence of Hamilton's position and was endorsed by the Supreme Court.The broad constructionists argued that the necessary and proper clause gave Congress the power to make any law convenient for the execution of any delegated power.The alien and sedition acts were justified by broad construction.
A broad construction of the taxing and spending power that would authorize Congress to spend federal tax money for any purpose connected with the general welfare was advocated by Hamilton in his Report on Manufactures.The basis for federal regulation of the lives and activities of citizens can be found in the commerce clause and the taxing and spending power.Proponents of broad construction argue that the Constitution needs to be changed.A thoroughgoing broad construction is not compatible with the ideas of limited government and constitutionalism.
Limitations on the exercise of governmental power are included in the Constitution.The expansive reading of both would be described as broad construction.President Nixon criticized the warren court for its broad construction of constitutional provisions guaranteeing the procedural rights of criminal defendants.The term for constitutional interpretation is reserved for the more common usage.
A new theory of constitutional jurisprudence called "noninterpretivism" displaced broad construction in the late 1970s and 1980s.Government action is justified on the basis of values presumed to underlie the constitutional text and to be superior to the actual words in the document.
John Agresto wrote The Supreme Court and Constitutional Democracy.The Cornell University Press is in Ithaca, N.Y.
Broad construction.There is an encyclopedia of the American Constitution..There is an Encyclopedia.com.2Apr.There is a article at www.encyclopedia.com.
Broad construction.There is an encyclopedia of the American Constitution..There is an Encyclopedia.com.On April 2, 2021.encyclopedias.almanacstranscripts-and-maps
Broad construction.There is an encyclopedia of the American Constitution..On April 2, 2021, from Encyclopedia.com: "Almanacstranscripts and maps of broad construction."
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