Cannons of Statutory Construction

Question 1

Actual Language of the Statute

Answer 1

Statutory interpretation begins with the language of the statute.
Presumption that Congress says what it means and means what it says.

Question 2

Defined Term

Answer 2

Statutory definition declaring what a term means excludes any other meaning.

Question 3

Undefined Term

Answer 3

When a term is not defined, it should be interpreted according to its ordinary, contemporary, common meaning. (Can use dictionary, bring in linguists, argue common sense)

Question 4

Technical Words or Terms of Art

Answer 4

The meaning of a word commonly used as a term of art in a particular discipline is the relevant meaning for the purpose of statutory construction where the statute being construed deals with that discipline

Question 5

Terms that Have a Certain Legal Meaning

Answer 5

When Congress codifies a judicially created concept, it is presumed, absent an express statement to the contrary, that Congress intended to adopt that legal definition.

Question 6

Applicability of Statutes to the Sovereign

Answer 6

In common usage, the term “person” does NOT include the sovereign and statutes employing the word are ordinarily construed to exclude it.

Question 7

Identical Words Used Throughout the Statute

Answer 7

Identical words in different parts of the same statute are intended to have the same meaning.

Question 8

The Statute as a Whole

Answer 8

In determining the meaning of a statute, the court looks not only to the particular statutory language, but to the design of the statute as a whole and to its object and policy.
Statutes are not read as a collection of isolated phrases but instead must ensure the statutory scheme is coherent and consistent.

Question 9

Rules of Construction

Answer 9

Congress is presumed to legislate with knowledge of the basic rules of statutory construction.

Question 10

Knowledge of Existing Law

Answer 10

The court assumes that Congress is aware of existing law when it passes legislation.

Question 11

Every Word and Phrase Has a Purpose

Answer 11

Congress is presumed to have intended each and every word in a statute to have meaningful effect and it should be construed to give it effect.

Question 12

Ejusdem Generis

Answer 12

Where general words follow specific terms, the general words only apply to other terms similar to the specific terms. The interpretation should indicate that the general term is “in addition to” the specifically enumerated words rather than “the same as”

Question 13

Associated Words Doctrine

Answer 13

Words grouped together in a list should be given a related meaning; known by their companions.

Question 14

“or” and “and”

Answer 14

Terms connected by a disjunctive (or) should be given separate meanings, unless the context dictates otherwise.
“And” is to be accepted for its conjunctive connotation.

Question 15

“shall” and “may”

Answer 15

The word “shall” generally indicates mandatory intent, impervious to judicial discretion, unless there is a convincing argument to the contrary.
The word “may” usually implies some degree of discretion but that can be defeated by indication of legislative intent to the contrary or by obvious inferences from the structure and purpose of the statute.

Question 16

“any”

Answer 16

The word “any” has an expansive meaning, i.e. one or some indiscriminately of whatever kind.

Question 17

Effect of the Caption or Title

Answer 17

The title of a statute or section can aid in resolving an ambiguity but does not expand the meaning of a statute or control it.

Question 18

Specific Controls the General

Answer 18

The general language of a statute does NOT prevail over matters specifically dealt with in another part of the same enactment, regardless of the inclusiveness of the language.
When a statute contains two provisions that, read separately, focus on different and somewhat conflicting interest, to understand the meaning of the two provisions together a court must read at least one, and perhaps both, asa necessarily subject to some explicit exception.

Question 19

Preamble

Answer 19

A preamble contributes to the general understanding of a statute and can aid in resolving an ambiguity, but it is not an operative part of the statute and does not enlarge or confer powers on administrative agencies or officers.

Question 20

Express Mention and Implied Exclusion

Answer 20

When Congress includes language in one section but omits it in another section of the same act, it is generally presumed that Congress acts intentionally and purposefully in the disparate inclusion or exclusion.
When Congress exclusively enumerates certain exceptions to a general prohibition, additional exceptions are NOT to be implied, in the absence of evidence of contrary legislative intent.
The use of the word “including” indicates that the specific list which follows is illustrative, not exclusive.

Question 21

Statutes in Derogation of the Common Law

Answer 21

Statutes which invade the common law are to be read with the presumption favoring retention of long-established and familiar principles, except when the statutory purposes to the contrary are evident.
If Congress intends for legislation to change the interpretation of a judicially created concept, it must make that intent specific.

Question 22

Reenactment After an Agency or a Judicial Interpretation

Answer 22

When Congress reenacts a statute, it voices approval of an administrative interpretation thereof, and Congress is treated as having adopted that interpretation and the Supreme Court is bound thereby.
Congress is presumed to be aware of judicial interpretation of a statute and to adopt that interpretation when it reenacts a statute without change.

Question 23

Mistaktes in Writing, Grammar, Spelling, or Punctuation

Answer 23

Purported plain-meaning analysis based only on punctuation is necessarily incomplete and runs the risk of distorting the statute’s true meaning. But where the mistakes reaffirm conclusions drawn from the words themselves, they provide useful confirmation.

Question 24

Relative and Qualifying Terms and Their Relation to Antecedents

Answer 24

In construing statutes, qualifying phrases are generally applied to the immediately proceeding phrase and not to phrases more remote.

Question 25

Words Omitted

Answer 25

It is not permissible to construe a statute on the basis of a mere surmise as to what the legislature intended and to assume that it was only by inadvertence that it failed to state something other than what is plainly stated.

Question 26

Amendment - Intent to Change the Law?

Answer 26

Although language of a statutory amendment is some evidence of a change of purpose, the inference of a change of intent is only a workable rule of construction and not an infallible guide to legislative intent, and it cannot overcome more persuasive evidence. Where the words of a later statute differ from those of a previous one on the same or related subject, Congress must have intended the statute to have a different meaning.

Question 27

In Pari Materia

Answer 27

When there are two on point, it is the duty of the court, absent a clearly expressed congressional intention to the contrary, to regard each statute as effective and be read as if they were one law. If the statutes cannot be reconciled, then the more recent of two irreconcilable statutes governs. In order to repeal a statute, there must be clear and manifested legislative intent to do so. NEVER use in pari materia when the statute conflicts with the common law.

Question 28

Way to Avoid a Positive Repugnancy

Answer 28

To avoid a positive repugnancy, look to the cannon of general and specific statutes. A specific statute is not controlled or nullified by a general statute absent clear intention otherwise. Instead, it will be given precedence over a more general one.

Question 29

Civil Statute - Remedial

Answer 29

Remedial legislation (civil statutes) should be given a broad, liberal construction to effectuate its statutory purpose - which is in favor of those it was intended to protect.

Question 30

Criminal Statute - Rule of Lenity

Answer 30

The Rule of Lenity serves to ensure that there is fair warning of the boundaries of the criminal conduct, and that legislators, not the courts, define criminal liability. Therefore, penal statutes are construed narrowly. When there is an ambiguity in a criminal statute, all doubts are resolved in favor of the criminal defendant. Cannon is only used when, after consulting the traditional cannons, there remains an ambiguity as to the meaning of a word or phrase.

Question 31

Tax Statutes

Answer 31

Generally, any doubt in the application of a tax statute is to be resolved in favor of the taxpayer.

Question 32

Retroactive Legislation

Answer 32

Statutes are given a presumption against retroactivity and will be construed so unless there is language requiring retroactivity. Clear intent to apply statutes retroactively must be present and assumes Congress has affirmatively considered the potential unfairness of the retroactive application. A court may not retroactively apply a statute to a final judgment. Differs from retrospective (which applies the rule to all pending and future lawsuits). Before judgment or subsequent judgment on appeal, if a law intervenes and positively changes the rule that governs, the law must be obeyed or its obligation denied. However, this does not apply if the result would manifest injustice to one of the parties.

Question 33

Unjust, Absurd, or Unreasonable Consequences

Answer 33

It is presumed that the legislature intended its language to avoid absurd, unjust, or unreasonable results. To argue unjust, absurd, or unreasonable consequences, must explain why it would be. Cannot just be opinion.

Question 34

Spirit of the Law

Answer 34

A court should go beyond the literal language of the statute if reliance on the literal language would defeat the plain purpose of the statute.

Question 35

Avoidance of a Constitutional Issue

Answer 35

When the validity of an act of Congress is drawn into question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that the court will first ascertain whether a construction of the statute is fairly possible which may avoid the constitutional question.

Question 36

Certainty and Definiteness

Answer 36

A statute is void for vagueness which forbids or requires the doing of an act in terms so vague that men or women of common intelligence must necessarily guess at its meaning and differ as to its application.

Question 37

Severance

Answer 37

A statutory provision is presumed severable if what remains after severance is fully operative as law.

Question 38

Statutes Relating to the Same Subject Matter

Answer 38

When two statutes share a common purpose and where the language used is very similar, a court is warranted in concluding that Congress intended a similar construction of the two provisions.

Question 39

Construction of Statutes Adopted from Other States or Countries

Answer 39

It is presumed that when Congress adopts the wording of a statute from another legislative jurisdiction, it carries with it the previous judicial interpretations of the borrowed statute.

Question 40

Committee Reports

Answer 40

Not an authoritative interpretation of what the statute meant, not an authoritative expression of what Congress intended. BUT indication of congressional intent contained in a conference committee report deserve great deference by the court. Scalia: "Legislative history does NOT always show the intent of Congress. It only indicates the intent of one committee or a few members of Congress.

Question 41

Remarks by Other People

Answer 41

In construing the meaning of a statute, the court does not usually accord much weight to statements of the bill's opponents contained in the legislative history.

Question 42

Regulations Compared to Statute's Plain Meaning

Answer 42

If Congress has clearly expressed an intent contrary to that of the agency, the court's duty is to enforce the will of Congress. BUT if a statute is silent or ambiguous with respect to the specific issue addressed by the regulations, the reviewing court must give deference to the agency's interpretation if it does not conflict with the statute's plain meaning.

Question 43

Reenactment After Agency Interpretation

Answer 43

When Congress reenacts a statute and voices its approval of an administration or other interpretation thereof, Congress is treated as having adopted that interpretation and the Supreme Court is bound thereby.