Statutory Interpretation and the Uses of Legislative History: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, Second Session, April 19, 1990, Volume 4U.S. Government Printing Office, 1990 - 531 pages |
Other editions - View all
Common terms and phrases
actual meaning administrative agency ambiguous amendment antitrust apply approach argued argument Ass'n Attorney bicameralism bill branch canons Cardoza-Fonseca Chevron Circuit cited clear colloquy committee reports concurring Cong congressional intent consider constitutional construed context Corp critical D.C. Cir decision deference Dickerson dissenting drafting Easterbrook enacted Eskridge evidence example executive floor debates hearings House intended meaning interpreting statutes issue Judge Buckley judicial judiciary Justice Scalia KASTENMEIER Kennedy lative LAW REVIEW Vol legislative history legislative intent legislative process legislature look majority members of Congress Mikva opinions plain meaning rule political President problem provision Public Citizen purpose question rejected relevant reliance relied Senate separation of powers specific staff stat statement statute statute's statutory construction statutory interpretation statutory language statutory meaning statutory text suggest supra note Supreme Court textualism textualists theory tion UCLA LAW REVIEW United vote words
Popular passages
Page 344 - A word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.
Page 432 - An elective despotism, was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being TO effectually checked and restrained by the others.
Page 202 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Page 156 - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States...
Page 155 - Humpty Dumpty said in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.' 'The question is, 'said Alice, 'whether you can make words mean so many different things.
Page 401 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one indeed which would justify a court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest...
Page 11 - When aid to construction of the meaning of words, as used in the statute, is available, there certainly can be no rule of law which forbids its use, however clear the words may appear on superficial examination.
Page 252 - The true reason of the remedy. And then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 426 - The executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated.
Page 451 - THE fairest and most rational method to interpret the will of the legislator, is by exploring his intentions at the time when the law was made, by signs the most natural and probable. And these signs are either the words, the context, the subjectmatter, the effects and consequence, or the spirit and reason of the law.