We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Civil

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Constitutionalist?

By Sherry Holetzky
Updated: May 16, 2024
Views: 61,542
Share

A constitutionalist is often known by other names such as a constitutional conservative or a strict constructionalist. While the latter term typically refers to judges and justices, it is also used to describe any person that believes in a strict reading of the US Constitution. This person typically favors limited government, as prescribed by the Constitution, and one that is small not only in size but also in scope and in power.

There are different principles espoused by various constitutionalist organizations as well as individuals. Two of the main schools of thought are those of the textualist and originalist. While the two share some beliefs, their view of how the Constitution should be interpreted differs to some degree. No one who would use this term for himself believes in judicial activism, for example, even it would benefit his or her cause.

It has long been held that the Constitution, as well as laws and other legally binding documents, should be interpreted by the definitions of the terms used at the time they are written. The constitutionalist embraces this principle, which is found in both textualism and originalism.

Texualists believe in as literal an interpretation as possible, although it is not always feasible to construe each precept in a completely literal manner. To do so would allow no limits against such things as “arms,” which are protected by the Second Amendment. This would then allow the average citizen to legally own and use nearly any weapon known to man, including weapons of mass destruction.

Many people believe that there should be some reasonable limits even on rights that are deemed inalienable. The right itself, the right to defend oneself, is what is inalienable. Many people don’t accept it to mean that the methods used should have no limits, however. The same can be said of free speech and other rights, although some who hold strictly to this philosophy disagree.

Originalists also hold that textualism is important, although they place more reliance on the framers’ original intent, which is said to be more important than the precise words used. This intent is often learned by reading the Constitution along with other writings by the framers at the time. The Federalist Papers are but one of the favored sources of the originalist. To avoid extrapolations often based in semantics, as has been the case too often where judicial activists are able to provide their own interpretations, originalism demands that the Constitution be interpreted according to what the Founders sought.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
By anon990219 — On Apr 11, 2015

A Constitutionalist should be obvious! It is someone who believes in the constitution of the United States! It means they are real Americans!

By anon251454 — On Mar 01, 2012

The two party system is a completely false paradigm now. It simply gives people the illusion of choice, where they actually have none. Their choices are big spending and big spending (warfare and welfare). Both sides are controlled by the same money, and the number one contributor, regardless of party is goldman sachs.

By SailorJerry — On May 27, 2011

A lot of people don't realize how much of what we take for granted about our way of life in this country isn't in the constitution. The two party system, for instance, seems so natural to us now, but the Founding Fathers actually wanted to avoid political parties as they existed in England (which still today has a multi-party system).

Much of the nitty-gritty of the way our country is actually run depends on that two-party system. The committee structure in Congress, which controls what proposed laws even come to a vote, is controlled by the party with a majority and also isn't in the Constitution.

Share
https://www.mylawquestions.com/what-is-a-constitutionalist.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.