Leg/Reg- Statutory Interpretation

How a bill becomes law
1. Introduction of a bill to the House or Senate by at least one sponsor
  1. Bill is given a number for tracking purposes: H.R. # for House, S # for Senate
    1. Bill goes to a committee
      1. If it passes this, then goes to Committee of the Whole, then Full Chamber
        If it is approved by one chamber, an "engrossed bill" is then sent to the other body where, essentially, the process is repeated, if it approves it, an "enrolled bill" is created
        If the other body approves it without changes, it goes to the president to be signed or vetoed
        If it is signed and becomes law, it is then assigned a public law number
  2. Can have co-sponsors, sometimes sponsors are given more weight by court
Sources for statutory interpretation
1. Intrinsic
  1. The words of the statute
  2. Syntax, punctuation, grammar, related statutes
2. Extrinsic
  1. legislative history
  2. subsequent legislative inaction
    1. stare decisis, absent compelling evidence judiciary interpretation was wrong, courts are reluctant to overrule
  3. agency interpretations
    1. Chevron 2 step-
      1. 1. Has Congress unambiguously decided on the issue
        2. Is the agency's interpretation reasonable
3. Policy-based
Dominant Approaches to Statutory Interpretation
1. Textualism, where statutory language guides interpretation
  1. Refers to the plain meaning of the statute, focuses on the words
    1. Need a reason like ambiguity, absurdity, or scrivener's error to look beyond the text
      1. Plain meaning rule- Ordinary meaning (look at dictionaries, how words are ordinarily used)
        Generally, unless otherwise defined in the statute, or understood to have a technical or peculiar meaning in the law, every word or phrase will be given its plain and ordinary meaning
  2. Encompasses originalists
2. Intentionalism, where legislative intent guides interpretation
  1. Starts with the statutory language, but also seek to discern meaning from the authors' intent
    1. Look at all available sources, primarily legislative history
3. Purposivism, where statute's purpose guides interpretation
  1. focuses on the broad goals of the statutes, on the problem the legislatures meant to address by passing the statute
4. No matter the approach, the first step is to look at the language of the statute
  1. Alaska Sliding Scale Rule- the plainer the statutory language, the more convincing evidence of a contrary legislative purpose or intent must be
Look at the statutory language
1. Ascribe plain meaning to the language, unless words are meant to have a technical meaning
  1. Look at legislative intent or statutory purpose, depending on approach
    1. Is the statute ambiguous? Meaning can it be read in two ways when applied to particular facts? Reasonable minds can differ- are there two equally plausible interpretations?
      1. Does the plain meaning lead to an absurd result? The Golden Rule Exception- court should go beyond plain meaning to see if other sources demonstrate that the absurd, but plain, meaning was not intended
        Does it lead to results so gross as to shock general moral or common sense?'[
        Is there scrivener's error? Does statute contain an obvious clerical or typographical error?
        Textual Canons (used by all, but textualists have special love for them)
        Esjudem generis- the general words following a series should be limited in type to the specific words preceding them
        In Pari Materia- part of the same material- statutory language should not be looked at in isolation; the entire textual context is relevant
        In pari materia has two aspects: 1. words of a single statute must be construed in light of the entire statute and not in isolation
        2. the same word in related statutes, statutes on the same subject matter, be given the same meaning
        The Rule against Surplusage- Every word in a statute has meaning, and different words in the same statute cannot mean precisely the same thing
        Noscitur a Sociis- the meaning of the words that are placed together in a statute should be determined in light of the words with which they are associated
        Presumption that Identical Words in the Same Statute Have the Identical Meaning
        Expressio unius- inclusion of one thing implies exclusion of another
    2. Components
      1. Enacting Clause- precedes those sections of the statute intending to have the force of law
        Long title- precedes enacting clause, expresses general purpose of the bill
        Short title- follows the enacting clause,
        Preambles- Identify the purpose of the bill and precede the enacting clause
        Bills may also contain findings clauses and purpose clauses
        Substantive Provisionsedsxsz
  2. It also relies on accepted punctuation and syntax
    1. Should be read as punctuated unless there is some reason to do otherwise
      1. Serial comma rule- in a series of 3 items, if each set is set off by a comma, then each item should be viewed as independent of the others
        When a modifier is set off from a series of antecedents by a comma, the modifier should be interpreted to apply to all the antecedents
        The Rule of Last Antecedent- When a modifier is not set off from an antecedent by a comma, then the modifier should be interpreted to apply to only that antecedent
2. Model or Uniform Acts
  1. Borrowed Statutes- courts will look to settled judicial construction in the patterning jurisdiction as of the time the statute was adopted
    1. Can look to interpretations of similar statutes from other states
Rule of Lenity-requiring that ambiguities in a criminal statute be resolved in favor of D if it is not against legislative intent

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Leg/Reg- Statutory Interpretation

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	Created by Roxie McCormick about 10 years ago