Strict vs Broad Interpretation

A Tutorial to Reading the Constitution

Prepared to get lawyered

InterpretationThe action of explaining the

meaning of something

In foreign languages, you interpret the meaning of the other language into your own

You do interpretations all the time in school!

Interpreting the ConstitutionThe Constitution is short and not

very specific

Founding Fathers wanted to allow the Constitution to grow as the country grew

Strict InterpretationLiteral reading of the Const.

◦Follow the Const. strictly by what it says

If it’s not in the Const., it can’t be done

Powers not granted to the Gov’t in the Const. are given to the states under Amendment X

Strict InterpretationIf the Const. does not give the

Gov’t the power to regulate education, it cannot regulate education

If the Const. does not say the Gov’t can buy land from other countries, the Gov’t cannot buy land from other countries

Broad Interpretation Liberal reading of the Const.

◦Implied powers- powers that are not stated in the Const. but are needed to execute the stated powers in the Const.

Use of necessary and proper clause (elastic clause)◦Congress has the power to make

laws that help them execute their duties

Broad Interpretation Used to expand power of Gov’t

Commerce Clause- gives Congress power to regulate trade

◦Later broadly interpreted to give Congress power to regulate interstate trade

ReviewStrict Interpretation

◦Tries to limit power of gov’t◦If it isn’t written, it’s not allowed

Broad Interpretation◦Tries to expand power of gov’t◦If it’s implied, it’s allowed