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Legislation
University of Dayton School of Law
Hallinan, Charles G.

LEGISLATION / HALLINAN / SPRING 2010
-Legislation is a compressed form of communication and Interpretation expands the meaning
-Language of the Statute => Conference Report (most reliable evidence of congressional intent)
-Compression: statutes are manufactured by a constitutionally authorized legislative body, and are directed towards those who are constitutionally obligated to implement, enforce, or follow the law
– Engrossed Bill: the title of a bill after it has been approved by one chamber of congress
-Enrolled Bill: the title of a bill after both chambers of congress approve the bill
(1) ENROLLED BILL DOCTRINE: precludes courts from questioning the validity of the “enrolled bill” or to impeach the attestation (bear witness to) by other evidence
            -This is triggered when the 2 chambers do not pass identical bills
-Judicial Deference to Internal Legislative Processes =
The Separation of Powers allows judges to routinely avoid interjecting themselves into matters that require them to determine the meaning of a legislature’s rules or to determine whether the legislature complied with its own rules
-Single Subject Rule: requires that a bill address only “one subject”
(A) SOURCES FOR STATUTORY INTERPRETATION:
            (1) Intrinsic Sources (textual)
FOR ALL COURTSTHE WORDS ARE THE STARTING POINT OF INTERPRETATION!!!
a.      Expressio unius: words omitted are just as important as words set forth
-“The inclusion of one thing excludes the other”
-By including a list of specific items and not using a catchall, the legislature mean to exclude items not listed.
-It is a rule of negative implication: by including some things, the legislature intentionally left out others
                                                              i.      That if an example is omitted, then the act itself must be omitted b/c it was left out
1.      Holy Trinity- pastors left out and therefore b/c of expresio unius they are not to be considered in the cause
  
      b. Noscitur a Sociss: interpret a general term to be similar to more specific terms in a series
            -“It’s known from its associates”
            -Although a phrase or word may mean one thing in isolation, it may mean something substantially different when read in context
 
   c. Ejusdem generis: interpret a general term to reflect the class of objects reflected in more specific terms accompanying it
         -“Of the same kind, class, or nature”
         -Specific Words: indicate the class of items to which the statute applies
         -General Words: extend the statute to everything else in the identified class including things that might not have existed when the statute was enacted
 
Noscitur a Sociss and Ejusdem Generis- “Words are social creatures, they travel in packs”; words meanings are derived from the words surrounding them
                                                            ii.      The meaning of all inclusive texts are determined by the descriptions that are given before
1.      automobile not cons

intent binds the courts, not just the meaning of the words
–          the words of the statute cannot be found to be the meaning b/c the position is to find what action was wanted by the legislature when they authored the code
–          text of the statute is the best indication of intent b/c it is susposed to be the final product of the legislature
o   but the court looks farther than that into the words that the legislature meant to give the meaning and what that menaing is
 
Purposiveism- that we use the words to interpret the law, but not to find an intent that runs contrary to the words we can use legislative history
–          there is a wrong that was meant to be remedied by the legislature, look for that as the meaning to the text through the extrinsic aids as well as the textual aids
–          do not find a meaning to the words that they will not hold
–          what is the goal of the statute, give the statute a meaning that remedies what the wrong of the statute was meant to remedy
–           
Textualism (very strict / literalism)
–          look to the words of the text
–          use grammatical tools to interpret the meaning of the statue
–          the meaning lies within the words