Constitutional Perspective Assignment

The two most basic ways to interpret the Constitution are strict construction and loose

construction. Strict construction is a legal viewpoint on judicial inference in which the initial

intent of the Constitution holds that the Constitution stands for exactly what it says, and thus, is

not open to interpretation. Strict construction stems from anti-Federalist ideas and is often called

“judicial conservatism”. Loose construction is a legal philosophy that the original founders could

not have predicted what the world would be like in present day society, and thus must be

interpreted in light of historical and societal change. Loose construction is also referred to as

“judicial liberalism”.

I believe that the Constitution should be interpreted in strict construction because it was

written for a purpose, to limit government power, therefore protecting the people of the United

States. We cannot ignore the fact that the Constitution is an extremely important document in

U.S. history. The limitation of government power only helps the people of America because it

allows us to be free. To interpret the Constitution differently, is to alter a crucial piece of history

and ignore the ideas of the Founding Fathers. Below are five quotations from the Constitution,

Federalist Papers, and Anti- Federalist Papers:

(1) “The real effect of this system of government will therefore be brought home to the

feelings of the people, through the medium of the judicial power, because those who are to be

vested with it are to be placed in a situation altogether unprecedented in a free country.” In the

Anti-Federalist Paper Brutus #11, Brutus (Robert Yates) explains that most, if not everything,

that the government does, is free knowledge to the people of the United States. (2)“The

President, Vice-President, and all civil officers of the United States, shall be removed from office

on impeachment for, and conviction of, treason, bribery, or other high crimes and

misdemeanors.” Article II, section 4 of the Constitution states the reasons for the impeachment

of the president, which was created to protect the people from a corrupt government official.(3)

“This Constitution, and the laws of the United States, which shall be made in pursuance thereof;

and all treaties made, or which shall be made, under the authority of the United States, shall be

Supreme Law of the land; and the judges in every State shall be bound thereby, anything in the

Constitution or laws of any State to the contrary notwithstanding.” Article VI, Section 2 states

that the Constitution must be made under the authority of another judicial power to prohibit any

abuse of power in the government. (4) “It is far more rational to suppose, that the courts were

designed to be an intermediate body between the people and the legislature, in order, among

other things, to keep the latter within the limits assigned to their authority.” In the Federalist

Paper #78, Alexander Hamilton states that the courts are merely a median between the people

and the legislature and that this is only to keep the legislature within its power. (5) “In a single

republic, all the power surrendered by the people is submitted to the administration of a single

government”. In the Federalist Paper #51, James Madison as Publius asserts that the government

only has as much power as the people give it [the government].

My perspective on interpreting the Constitution was impacted by my research of politics.

Through the past year, I have spent many hours researching different views on politics and

interpretations of cosmic issues. Through my research, I found that I agree that the Constitution

was created with the intention of limiting government power. This deeply influenced the way I

viewed the Constitution and other historic documents.