Loose Construction versus Strict Construction

Democrat versus Republican, Left versus Right, and Liberal versus Conservative all magnify a
divided country when it comes to how federal affairs should be handled. Many never stop to
investigate the deeper meaning of these divisions and where these divisions came from. Some
people even have the notion that this division occurred recently in the short history of the United
States. This division, however, has been a cornerstone in the American Republic almost since the
beginning.
Defining Strict Construction and Loose Construction
It helps to take away labels such as "Democrat" and "Republican" and replace them with "Loose
Constructionist" and "Strict Constructionist" to fully understand the history of America's political
divisions. Loose constructionists and strict constructionists have always argued on how the
Constitution should be interpreted and furthermore the rights outlined for Federal and State
governments. Loose constructionists see the Constitution as a "living document" that allows for
broad interpretations. Loose construction allows the government to expand powers that are not
specifically outlined in the Constitution as long as these powers are not specifically prohibited. Strict
constructionists see the Constitution as a solid and literal document. They believe that if an issue is
not included in the document in some form, then it is unconstitutional. Strict construction is a
restricted interpretation that does not allow much for the expansion of government power.
Jefferson versus Hamilton
The tradition of strict constructionist versus loose constructionist began with Alexander Hamilton
and Thomas Jefferson. Hamilton was a loose constructionist who believed that the nation would be
better if it were ran by intelligent, capable people in government and not the common folk. He
favored a large bureaucracy and favored the English model of government. His followers became
known as the Federalists. Jefferson was a strict constructionist who believed that the common folk
were fully capable of running the government. He wanted to limit the federal government and felt
that states should have the most power. His followers were known as the Democratic-Republicans.
The Federalists and the Democratic-Republicans were the first two political parties.
Today's Implications
Although the names of political parties have changed, today's parties are still divided by loose
construction versus strict construction. The Democratic Party values loose construction and the
Republican Party values strict construction. By understanding the beliefs of how the Constitution
should be interpreted, one can understand the reason for political parties and if the political party in
which they belong truly demonstrates their own Constitutional construction belief.
References:
Monk, L.R. (2003). The words we live by: Your annotated guide to the Constitution. New York:
Stonesong
Press, Inc.