Strict Versus Loose Construction
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of being usurped by the Federal government. His reasoning was that the
Union was a compact or written agreement among the States. Like a contract between two or more parties, the Constitution established rights
and obligations. The ‘‘loose’’ construction of its terms would defeat the
intent of the parties and was inconsistent with State sovereignty.
Similarly, Thomas Jefferson laid down two rules for the interpretation
of the Constitution. His first rule of interpretation was to reserve to the
States authority over all matters that affected only their own citizens:
‘‘The capital and leading object of the Constitution was, to leave with
the States all authorities which respected their own citizens only, and to
transfer to the United States those which respected citizens of foreign or
other States; to make us several to ourselves, but one as to all others. In
the latter case, then, constructions ͡