Statutory Interpretation

Question 1

What to do if the statute is clear and unambiguous?

Answer 1

STOP. No need for interpretation. Don’t want to usurp the legislature.

Question 2

Plain meaning (legislative purpose)

Answer 2

Reasonable, practical interpretation. Nothing absurd or unreasonably harsh. Includes dictionary definition and context of words in statute.

Question 3

Canons of Statutory Construction

Answer 3

(Yates) 1. Noscitur a sociis - a word is known by the company it keeps.
2. Ejusdem Generis - general words follow specific words, the general words are construed to embrace the specific words and is limited by the objects enumerated in the specific words.
3. Rule of lenity - resolve ambiguities in favor of accused.
4. Captions and titles, surrounding provisions, placement in statute, giving all provisions meaning
5. Legislative history

Question 4

Unconstitutional Vagueness

Answer 4

Unconstitutional test:
under due process clause of 14th amendment.
1. fails to provide notice that enables ordinary people to know what is prohibited (Desertrain)
2. Encourages arbitrary or discriminatory enforcement (Johnson)