1. Strict vs Broad Interpretation
A Tutorial to Reading the Constitution
Prepared to get lawyered

2. Interpretation

The 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!

3. Interpreting the Constitution

The Constitution is short and not very
specific

Founding Fathers wanted to allow the
Constitution to grow as the country
grew

4. Strict Interpretation

Literal 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

5. Strict Interpretation

If 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

6. 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

7. 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

8. Review

Strict 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