We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Strict Construction?

Mary McMahon
By
Updated Feb 21, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Strict construction is a very narrow interpretation of statute, in contrast with more flexible judicial readings on the law that allow judges to set precedents or create exceptions. Advocates for strict construction tend to come from a conservative standpoint and are concerned that judges overreach their legal authority in some cases. In strict construction, people can only look at the law as written to reach a decision, and may not enlarge on statutes to accomplish a given judicial goal.

This concept is especially widespread in the United States where some conservatives feel the judiciary steps beyond the boundaries of legal texts. While judges have the legal authority to consider extenuating circumstances in a case, look at similar statutes, and draw upon case law to reach a decision in a legal matter, strict construction frowns upon this. If a statute has a clear meaning, the judge must apply it as written; if, for example, an activity is barred by law, the judge cannot soften the sentence because someone had a sound reason to engage in that activity.

Under this principle, the judiciary has the task of enforcing the law, while the legislative branch is charged with creating new laws, clearing up confusions, and addressing shortcomings in the legal code. People who advocate for strict construction in legal interpretation do not want judges to create a body of case law they can draw upon when deliberating on legal matters and attempting to reach fair verdicts.

Limited judicial interpretation has its drawbacks. Some laws are not clear or do not address unique situations, and it can be difficult to determine the intent of the people who crafted the law, especially in the case of people like the people who drafted the U.S. Constitution. Their writings can provide some information, but often not enough to help judges in applying Constitutional law. Judges can also face situations the law has not yet imagined, and may not have any existing law, plain or not, to draw upon for the purpose of reaching a decision and generating an appropriate sentence.

Strict construction, despite being about plain reading, can also involve tangled legal snarls of debate over what is meant by specific words and phrases in the law. In the First Amendment to the Constitution, for example, the line “Congress shall make no law” appears. This could be interpreted literally as an injunction on passing any laws, ever, although it is more commonly interpreted to refer to laws restricting freedom of speech and religion.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Read more
WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.