Leg/Reg- Statutory Interpretation

Leg/Reg- Statutory Interpretation

1. How a bill becomes law

   • Introduction of a bill to the House or Senate by at least one sponsor
     • Bill is given a number for tracking purposes: H.R. # for House, S # for Senate
       • Bill goes to a committee
         • 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
     • Can have co-sponsors, sometimes sponsors are given more weight by court

2. Sources for statutory interpretation

   • Intrinsic
     • The words of the statute
     • Syntax, punctuation, grammar, related statutes
   • Extrinsic
     • legislative history
     • subsequent legislative inaction
       • stare decisis, absent compelling evidence judiciary interpretation was wrong, courts are reluctant to overrule
     • agency interpretations
       • Chevron 2 step-
         • 1. Has Congress unambiguously decided on the issue
           • 2. Is the agency's interpretation reasonable
   • Policy-based

3. Dominant Approaches to Statutory Interpretation

   • Textualism, where statutory language guides interpretation
     • Refers to the plain meaning of the statute, focuses on the words
       • Need a reason like ambiguity, absurdity, or scrivener's error to look beyond the text
         • 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
     • Encompasses originalists
   • Intentionalism, where legislative intent guides interpretation
     • Starts with the statutory language, but also seek to discern meaning from the authors' intent
       • Look at all available sources, primarily legislative history
   • Purposivism, where statute's purpose guides interpretation
     • focuses on the broad goals of the statutes, on the problem the legislatures meant to address by passing the statute
   • No matter the approach, the first step is to look at the language of the statute
     • Alaska Sliding Scale Rule- the plainer the statutory language, the more convincing evidence of a contrary legislative purpose or intent must be

4. Look at the statutory language

   • Ascribe plain meaning to the language, unless words are meant to have a technical meaning
     • Look at legislative intent or statutory purpose, depending on approach
       • 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?
         • 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
       • Components
         • 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
     • It also relies on accepted punctuation and syntax
       • Should be read as punctuated unless there is some reason to do otherwise
         • 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
   • Model or Uniform Acts
     • Borrowed Statutes- courts will look to settled judicial construction in the patterning jurisdiction as of the time the statute was adopted
       • Can look to interpretations of similar statutes from other states

5. Rule of Lenity-requiring that ambiguities in a criminal statute be resolved in favor of D if it is not against legislative intent