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Crs Report for Congress
Paperback

Crs Report for Congress

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The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court’s methodology in construing statutory text, the Court’s approach to reliance on legislative history are also briefly described. In analyzing a statute’s text, the Court is guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are usually subordinated to interpretations that further a clearly expressed congressional purpose. The Court frequently relies on “canons” of construction to draw inferences about the meaning of statutory language. For example, in considering the meaning of particular words and phrases, the Court distinguishes between terms of art that may have specialized meanings and other words that are ordinarily given a dictionary definition. Other canons direct that all words of a statute be …

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MORE INFO
Format
Paperback
Publisher
Bibliogov
Country
United States
Date
10 October 2013
Pages
58
ISBN
9781293022849

The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court’s methodology in construing statutory text, the Court’s approach to reliance on legislative history are also briefly described. In analyzing a statute’s text, the Court is guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are usually subordinated to interpretations that further a clearly expressed congressional purpose. The Court frequently relies on “canons” of construction to draw inferences about the meaning of statutory language. For example, in considering the meaning of particular words and phrases, the Court distinguishes between terms of art that may have specialized meanings and other words that are ordinarily given a dictionary definition. Other canons direct that all words of a statute be …

Read More
Format
Paperback
Publisher
Bibliogov
Country
United States
Date
10 October 2013
Pages
58
ISBN
9781293022849