Constitution: Strict Construction, etc.
The U.S. Constitution: Strict Constructionism, Originalism, Living Document, etc.
The U.S. Constitution is in the same category as the Mayflower Compact, the Magna Carta, your home mortgage, etc. It is a contract. It is a contract between the States which created it on behalf of their people. Constitutions, compacts and charters are all contracts between two or more parties. They are not ambiguous, floating, living documents, but exactly specific agreements precisely written with ink on paper that cannot change until renegotiated and replaced or amended by consent of the principle parties.
The idea that a contract’s meaning is fuzzy is bound to be contested by one or more of those parties.
The sacred oath of a Supreme Court justice states that “I faithfully swear to uphold the Constitution of the United States.” It is implicit that this oath means that the principles exhibited by the Constitution at the time of its writing will never be changed. That is because technology changes continually, but principles never change. The principles came from the time-tested Judeo-Christian culture and agreed upon by a wide swath of sectarians from the religiously conservative to deists, agnostics and even atheists, who agreed it was the best.
When technology changes over time new subjects are addressed. The contract may be amended to deal with those subjects. The amendment must still uphold the same principles. Since amending is a change in the highest law of the land, it is inherently dangerous. This is why only the States (who authored the document) may amend it, and only by a 3/4 majority. This is a slow process which takes much time in order to take care.
The Constitution must never be “interpreted”. It is the court case which is to be interpreted in light of the Constitution. This is because the Constitution is so simple and clear that it was written for uneducated, non-reading 18th century farmers to understand. It doesn’t need interpreting. It needs applying.
A liberal interpretation of the Constitution is based on either ignorance or deceit. Since an ignoramus has no place on the bench, the default is to assume deceit. Deceivers have come up with various terms to perpetuate their deceit. “Strict construction” is a term used to describe an honest application as if it were paleolithic. “Originalism” implies that there is honor in non-originalism. “A living document” speaks to the thought that maybe day-is-really-night and maybe on-is-really-off.
How long do you think you would keep your house if you claimed to have a living mortgage contract when the loan company is about to foreclose? The Constitution doesn’t live when it is cheated, it dies. It changes only when amended without violating its principles.
The Constitution is supposed to be applied to the cases heard by the court. All courts, including the Supreme Court, merely issue their opinions. They have no such power to make laws or enforce laws. That is up to Congress and the President using or ignoring those court opinions to justify their actions.
Justice depends on each branch of the federal government knowing its duties and performing its duties. This results in a proper balance of powers to achieve the best possible results. All branches, but especially the courts, must be rooted in honesty not deceit.
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” -John Adams
“Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.” -Ben Franklin