Question

What are the positives and negatives of loose constructionism?

Answer 1

Loose constructivism were supported by federalists while strict constructivists are supported by Democratic-Republican. The latter wants the national governmental powers be limited only according to the constitution while the latter believe to what power is used depending only to what's needed.

Answer 2

Answer:

In United States law, loose constructionism is a theory of constitutional interpretation according to which the Constitution is, to some extent, dynamic.

Unlike its opposite theory, originalism, the theory of loose constructionism states that the initial document remains independent of those who wrote and ratified it and develops in an evolutionary society. Its proponents argue that social progress must be taken into account when interpreting the key phrases of the Constitution.

As a positive aspect, loose constructionism provides an updated vision of the Constitution of the United States of America, adapting current circumstances to the legal bases on which the nation is based.

In turn, as a negative aspect, this theory removes legal certainty from certain social interests, since being the Constitution subject of constant evolution so are the rights inserted in it.