gov-Chapter 9 - Vaughn 1 Chapter 9 Discussion Questions 3 The idea of strict construction requires a judge to apply the text of the law only as it is

gov-Chapter 9 - Vaughn 1 Chapter 9 Discussion Questions 3...

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Vaughn 1 Chapter 9 Discussion Questions 3. The idea of strict construction requires a judge to apply the text of the law only as it is written. It further goes on to say that judges should avoid drawing inferences from a statute or the Constitution and focus only on the text itself. Most judicial decisions are made from precedence and the judge’s interpretation of the laws written by Congress. This is why a judicial nominee’s view regarding the Constitution is important in a President’s nomination. The Supreme Court Justice selections should be balanced so that there are equal conservative and liberal opinionated Supreme Court Justices. Understanding that Congress may not know exactly how laws which are written in Washington D.C. may not affect the country, judges should have the leniency to make decisions based on the intent of the law. Judges should interpret the law reasonably. This causes for more fair decisions to be made (Barbour). 5. I would agree that he was right in saying this because of how little power they have to actively change things that are happening. There are exceptions to this however, for example Congress and the Presidency have a great deal of power to enact change, both positive and negative. The judiciary has a very small force with which to effect change
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  • Spring '14
  • Supreme Court of the United States

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