The legislative Process
A filibuster is used primarily as a tool to prevent the deliberative process in the:
Senate
Justice Scalia is known for being a _____
Strict Textualist
Rule against surplusage
True or False: Grammar and punctuation matter unless the ordinary meaning suggests that they should be ignored.
True
When there are two reasonable interpretations of a statute, one of which raises a constitutional issue and the other of which does not, adopt the interpretation that does not raise a constitutional issue
Constitutional Avoidance
Emphasize the necessity of maintaining three distinct branches of government each with their own delegated powers
Formalism
Judges historically have used ‘purpose’ in which of the following ways?
A. To resolve ambiguity.
B. To confirm ordinary meaning.
B. To trump ordinary meaning.
Judges historically have used ‘purpose’ in which of the following ways?
A. To resolve ambiguity.
B. To confirm ordinary meaning.
B. To trump ordinary meaning.
D. All of the above.
E. None of the above.
E. None of the above.
D. All of the above.
If legislature uses the same word in an act it is assumed that the words mean the same thing, and if the legislature uses different language in an act then it means two or more different things
Identical words presumption
________ should always be used because without it ambiguity is possible.
Serial comma
Government cannot be sued without its consent
Sovereign Immunity
o Burch v. Health and Human Services Child injured in utero while mother was given a vaccine. Did child receive the vaccine? Yes. Need a clear statement waiving immunity.
If House and Senate version of a bill differ, the bill is referred to a to ________reconcile the bill
conference committee
Which one of the theories of statutory interpretations begin with the plain meaning of the statute?
All of them
-Textualism
-Purposivism
-Intentionalism
Which aspect of of In Pari Materia is more reliable to infer the meaning of a statute?
Whole act aspect, because the statute was enacted together with other statutes within the act
_____and must are mandatory while ____ is discretionary)
Shall and May
When a criminal statute is ambiguous, and there are two interpretations, one being more punitive than the other, which canon encourages adopting the less punitive interpretation?
Rule of Lenity
True or False Presidential signing statements have the same force of law as legislation
False
LH Hierarchy
Top: Conference committee report
Second: House and Senate committee reports
Third (relatively low): Statements, remarks, and debates take place in committee or on floor
Lowest: executive signing statements and veto messages
They are subsequent history and may indicate how an executive intends to implement the law
Which source is a new textualist unlikely to use?
A. Dictionary
B. Legislative history
C. Components of the act
D. None of the above
B. Legislative History
A statute contains a phrase stating that it applies to “ball, boots, uniforms or other soccer accessories.” Which tool of statutory construction would likely be used to determine if this statute applies to cleats?
Ejusderm Generis
rendering each to his own: allows to ignore grammar and interpret as intended
o EX. For money or other goods consideration paid or given
Reddendo Singula Singulis
Courts interpreted ______statues liberally to achieve the statutory purpose
Remedial Statutes: broadly construe remedial statutes; created new rights or expanded remedies that were otherwise unavailable at common law
You are a bill. What is the typical order of steps that you must go through to become law?
Introduction to House or Senate, Referral to committees, Referral to one chamber, Conference Committee, Back to full House and Senate, President
• Kosak v. US "Courts will generally not assume that the government waived its immunity absent a clear statement from the legislature that waiver was intended."
Which theory of statutory interpretation is applied in this statement?
Intentionalism
• Seek out the specific intent of the legislature that enacted the statute
The inclusion of one thing means the exclusion of the other.
Directs that when one or more things of a class are explicitly mentioned, others of the same class are excluded.
Expression unius
When modifying a word or phrase the modifying phrase is presumed to modify only the condition that immediately precedes
Doctrine of last antecedent
Invalidation of state laws that conflict with federal laws
Preemption falls under "Clear Statement Rules"