1. Literalism (Strict Constructionism)-
Text is the starting point, and whenever possible, the ending point of constitutional review.
– Not helpful if the text is unclear or its meaning disputed
– The delineation of power (i.e Congress’s power to regulate interstate commerce) is imprecise (it could include economic rights, civil rights, criminal conduct).
– Basic individual rights are inexact (“freedom of speech, or of the press”). Terms such as unreasonable, speedy, impartial, excessive, cruel, unusual, due, equal are very imprecise.
– It is intended to be non-political but has proved a useful too to advance politicism (Nixon, Regan, Bush campaigns promised to appoint judges that would interpret Const. as written).
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