Originally Posted by
JPaul
What's a "constructionist".
I looked it up.
"A person who construes a legal text or document in a specified way: a strict constructionist."
I thought everyone did that.
Do you chaps have a more specific meaning for it in the USA.
in the usa, as far as the constitution is concerned, a constructionist supposedly reads the constitution according to the literal definition of every word, without further interpretation or speculation about things not explicitly mentioned in the text. a synonym might be "literalist." for example, to follow the logic of constructionism, one might say u.s. congress is entitled to pass laws to ban manual letter-writing, painting, sculpture, smiling, frowning, singing, computerized communication, and sign-language because (although they are forms of personal expression) those methods of expression are neither press nor speech. furthermore, one might say the state & local governments are allowed to ban press and speech because those governments are not the u.s. congress.
personally i reckon that someone described (or self-described) as a constructionist is usually a conservative and the claim of literalism, or however constructionists care to describe this non-interpretationism, is false. a mere pretense for ascribing to their interpretations a higher degree of faithfulness than they ascribe to other interpretations. but some might disagree.
also: i think
some of the people who call themselves constructionists, when they describe their beliefs, could be more properly called "originalists." people who believe that the text should be interpreted according to the definitions & intentions (as much as can be detected) that the authors had in mind at the time of the constitution's writing... without necessarily forbidding elaboration/extension of the ideas contained therein. almost like the distinction between puritan and orthodox christianities -- is puritanism truly more literal than orthodoxy, and so forth.
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