Statutory interpretation is the process by which courts interpret and apply legislation. Indeed, one could tout this as the battle of the canons the exchange of volleys between two venerable canons of statutory construction. The purpose of statutory interpretation is to ascertain legislative intent. We have held, however, that such rules or maxims of statutory construction are not to be resorted to if. The art or process of discovering and expounding the meaning and intention of the authors of law, where that intention is rendered doubtful by reason of the ambiguity in its language or the fact that the given case is not explicitly provided for in the law. Whatever is the state of this posting, it is incomplete. A guide to reading, interpreting and applying statutes. This court has stated on many occasions that the task of statutory construction must begin with a consideration of the text itself. Statutory interpretation news newspapers books scholar jstor march 2016 learn how and when to remove this template message. Since 1998, construction book express has been providing builders, designers, and construction professionals with the products they need.
Presumption of consistent usage o interpret the same or similar terms in a statute the same way. Principles of statutory interpretation emily wendel legislative service commission emily wendel has served as an attorney with the legislative service commission since 2011. This work is presented as a point of departure, to initiate new curiosity and inspire more in. Often, a statutory dispute will turn on the meaning of only a few words. The interpretation of legal texts by antonin scalia. A statute should not be interpreted in a way that renders a word superfluous. Nov 11, 2014 sixth circuit precedent offers responses to four common interpretive canon arguments by squire patton boggs on november 11, 2014 posted in news and analysis the sixth circuit frequently draws on canons when interpreting contract or statutory language, but the canons are at best only rough guides. Judicial constructions of similar statutes 291 chapter 8. General principles and recent trends congressional research service 1 introduction article i, section 1 of the constitution vests all federal legislative power in congress, while article i, section 7 sets forth the process for effectuating this power through passage of. It holds that we must give each word, phrase, or clause independent meaning.
Construction, 43 context, 44 contracts, 46 declaratory statutes, 47 deference to agency canon, 48 derogation of common law canon, 56 detailed text, 61 dictionaries, 62 dictionary act, 64 direct democracy, 67 drafting history, 71 ejusdem generis canon, 74 entrenchment, 75 equal protection violation, 81 equitable interpretation extensive and limiting, 82. Referential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent. The interpretation of legal texts, lists with examples 57 canons of construction and exposes what the authors call fallacies. Judge richard posner of the seventh circuit shares his thoughts on two recent law books. Construction, verily, is the art or process of discovering and expounding the meaning and intention of the authors of the.
A provision that may seem ambiguous in isolation is often. My goal is for you to become familiar with 1 the basics of the legislative process, including how. Surplusage canon o every word and provision is to be given effect. Oct 27, 2015 the most famously wrong canon is the canon against surplusage. At the end are some canons that apply to specific areas of law. The constitution is written in the language of the law. Canons of construction legal definition of canons of construction. Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. He offered commentary on two recent books about statutory and constitutional.
And rigorous application of that canon does not seem a particularly useful guide to a fair construction of the affordable care act, which contains more than a few examples of inartful drafting. Book printed material brief on behalf miguel salvador, a merchant, versus jaime folguera, also a merchant, concerning the sale. In these cases, courts are free to interpret statutes themselves. Statutory interpretation and tcja the national law forum. Burwell, the preference for avoiding surplusage constructions is not absolute. Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Principles of federal appropriations law, commonly known as the red book. There is a presumption that the legislature put every word in the statute for a reason. Hell be teaching from the book he coauthored with justice antonin scalia.
Under the surplusage canon of statutory interpretation, courts attempt to give effect to every provision congress has enacted. Statutes and statutory construction, volume ii sutherland, jabez gridley on. If youd like to know more, bryan garner will be teaching statutory and contractual interpretation on a nationwide lawprose tour this summer. When there is a straightforward, parallel construction that involves all nouns or verbs in a series. This canon is probably the most cited of all the canons. Thus, any construction of a statute that does not give meaning to every word implicates the rule against surplusage. It is a tenet of statutory construction that the legislature is supreme assuming constitutionality when creating law and that the court is merely an interpreter of the law. In the case of a statute, certain canons of construction can help a court ascertain what the drafters of the statuteusually congress or a state legislaturemeant by the language. Apr 05, 2018 often, a statutory dispute will turn on the meaning of only a few words. This appendix collects the canons of statutory construction that have been used or developed by the rehnquist court, from the 1986 through the 1993 terms of the court inclusive.
In pleadings, surplusage refers to allegations that are not relevant to the cause of action. Construction book express your online construction book. Statutory construction oklahoma indigent defense system. Extrinsic sources for statutory interpretation 295 i.
We are pleased to present the third edition of volume i of principles of federal appropriations law, commonly known as the red book. Where the language of a statute is plain and unambiguous, courts give effect to the statute as written, without engaging in statutory construction. We have taught, researched, and published books and. Although legislature makes the statute, it may be open to interpretation and have ambiguities. Listing the canons of construction idaho state bar. In the interpretation or construction of statutes, the courts will generally not conclude that words in a statute have no purpose. Principles of interpretation criminal law notebook. May 01, 2012 in this groundbreaking book, scalia and garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. The case of adler v george 1964 is a classic example of the courts applying the golden rule. Gao16463sp, principles of federal appropriations law. The surplusage canon requires courts to give each word and clause of a statute.
Because legislators may intend different things when they vote for a bill, statutory construction is often fairly difficult. Statutory construction by agpalo page 1 of 10 construction the art or process of discovering and expounding the meaning and intention of the authors of law, where that intention is rendered doubtful by reason of the ambiguity in its language or the fact that the given case is not explicitly provided for in the law. Our objective in this publication is to present a basic reference work covering those areas of law in which the comptr oller general renders decisions. The appendix divides the canons into three conventional categories. Congress will specifically address language on the statute books that it.
Change, creation, and unpredictability in statutory interpretation. The two main theories of statutory interpretationpurposivism and. When statutory law is altered during the pendency of a lawsuit, the courts at every level must. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Under the federal rules of civil procedure, upon a motion, a court can strike from the pleadings any surplusage, such as an insufficient defense or an immaterial matter. General principles and recent trends congressional research service summary the exercise of the judicial power of the united states often requires that courts construe statutes. Mar 09, 2017 some rules are shared by contracts, agency and statutory interpretation basic rules for intercepting language, things like the anti surplusage principle, much of the background clearly came from english common law in terms of how government operates especially as it relates to the distribution of powers between the crown and parliament. Statutes are sometimes ambiguous enough to support more than one interpretation. Jul 19, 2011 based on the book, statutory construction by ruben e.
Recent trends in statutory interpretation juliet lucy1. Read, highlight, and take notes, across web, tablet, and phone. Our objective in this publication is to present a basic reference work covering the legal issues that arise as the comptroller general carries out his statutory duties to issue decisions and opinions concerning the use and obligation of appropriated funds. Statutory language not to be construed as mere surplusage. Courts look not only to particular statutory language but to design of. Judges applying the rule against surplusage interpret statutory. Once a court interprets the statute, other courts usually will not go. The system of basic rules and maxims applied by a court to aid in its interpretation of a written document, such as a statute or contract. Jul, 2012 the rule is stated in the following terms in the most recent edition of the leading treatise on statutory interpretation. Legislation and statutory interpretation book, 2006. The wording in a statute must be construed as they would have been the day after the statute was passed. Sixth circuit precedent offers responses to four common. This paper quotes these canons and their descriptions from the book, and then annotates the principles with south carolina law. Resistance to treating statutory words as mere surplusage should be.
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