Chapter 9: Enactment Context

Question 1

Contextualism

Answer 1

Using context to determine why a legislature acted in order to better understand a statute.

Question 2

Context (Types)

Answer 2

Social/historical, legal/political, economic, and textual.

Question 3

Context (Textualists)

Answer 3

They look at textual, legal, and linguistic.

Question 4

Context (Purposivists)

Answer 4

They look at social, historical, legal, economic, and political.

Question 5

Context (Intentionalists)

Answer 5

They look at social, historical, legal, political, economic, and political.

Question 6

Legislative History

Answer 6

All documents generated in the enactment process.

Question 7

Legislative History Hierarchy

Answer 7

Conference Committee Report, Committee Reports, Committee Prints, Earlier Drafts/Amendment History, Drafter’s Commentary, Statements/Remarks/Debates, Executive Signing Statements/Veto Memos.

Question 8

Conference Committee Reports

Answer 8

Best of legislative history. Report post revision and debates.

Question 9

Committee Reports

Answer 9

Different houses=different revisions.

Question 10

Committee Prints

Answer 10

Expert reports to the committee.

Question 11

Drafter’s Commentary

Answer 11

E.g. U.C.C. comments

Question 12

Statements/Remarks/Debates

Answer 12

Only 1 legislative intent. Could have been added after. Statements by opponents.

Question 13

Criticisms of Legislative History

Answer 13

Constitutionality: Bicameralism and presentment, fair notice on what a law it. Reliability. Accessibility and cost considerations.

Question 14

Dog Does Not Bark Canon (def)

Answer 14

Silence speaks to the issue. Why would they be silent on an important issue?

Question 15

Dog (use)

Answer 15

Can sway judges. Very unreliable though.