Textualism and the equity of the statute
Article Abstract:
The author discusses the revival of the English doctrine of the equity of the statute as a challenge to textualist interpretive methods and argues that US constitutional interpretation remains fluid without the doctrine.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Deriving rules of statuatory interpretation from the Constitution
Article Abstract:
The author makes the case that the faithful agent theory of statuatory interpretation better describes constitutional understanding and court practices than equitable interpretation, which comes out of English tradition.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Textualism as a nondelegation doctrine
Article Abstract:
The use of legislative histories in statutory interpretation is contrary to separation of powers principles and threatens the institution of bicameralism and presentment. When legislative histories are seen as a statement of legislative intent, Congressional committees and bill sponsors are being delegated authority to state what the law is. Traditional textualists have failed to consider that such use of legislative histories is unconstitutional because Congress cannot delegate this interpretive authority to a small group of its members.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Justices weigh in on side of states; back to antebellum federal relations, say some critics of rulings. A fractious court remains divided over religion
- Abstracts: The effect of a violation of the LMRDA on the outcome of an election. How to hold a union election and stay out of trouble
- Abstracts: Drafting for the marital deduction in light of the new family-owned business exclusion. Can incentive trusts encourage children to behave responsibly?
- Abstracts: IRS ruling taxes plan as both split-dollar and interest-free loan. Combining the benefits of a QPRT with a life insurance trust
- Abstracts: Eliminate lengthy online searches: Find the information you need from the Web right here! Eliminate lengthy online searches; find the information you need from the Web right here!