Strong Textualists probably use LH in this way wouldn’t Confirming that which exists outside the beltway As opposed to tipping the hat to Congress How about using only on-point committee reports?As a mend-it-don’t-end-it compromise Other ways of confining use of LH that have their vices and virtues Cheaper—less contextualizing of debates What about tiebreakers? If you think LH is valuable, throwing out valuable information you’re Restricts finding your friends in the crowd But Committee might not be represented or properly delegated And up the value of being able to control the content of the committee report Lobbyists, staffers, etc. But focusing the attention in this way; would specify exactly where policing needs to take place. Focuses bad and good actors Canons of Construction Canons present factors and arguments, not really a formula or code Be able to contrast and compare (1) semantic canons, (2) substantive canons (3) arbitrary canons Semantic: generalizations about how the English language works Form of textual analysis Substantive Judge-made principles, grounded in commitment to certain systemic values rather than empirical beliefs about actual congressional intent Rule of lenity Arbitrary Not supported by how language works/is used nor founded on a valued principle. Still, can be useful for breaking ties and closing cases Example: McBoyle(1931)(The Stolen Airplane Case) National Motor Vehicle Theft Act §3 (1919) barred certain interstate transport of a under include an automobile, automobile stolen “motor vehicle,” which, §3, “shall truck, automobile wagon, motor cycle, or any other self-propelled vehicle not designed for running on rails.” Q: Does word in phrase other self-propelled vehicle not designed “vehicle” “any for running on include an airplane? rails” Held: An airplane is not such a vehicle, so defendant is not covered. Government relies on dictionary and purpose Dictionary Words imbedded in the phrase sounds inclusive “any other” “self-propelled” a general rule with an exception designed for running on “not rails” expressio unius
Strong Textualists probably wouldn’t use LH in this way Confirming that which exists outside the beltway As opposed to tipping the hat to Congress How about using only on-point committee reports?As a mend-it-don’t-end-it compromise Other ways of confining use of LH that have their vices and virtues Cheaper—less contextualizing of debates What about tiebreakers? If you think LH is valuable, you’re throwing out valuable information Restricts finding your friends in the crowd But Committee might not be represented or properly delegated And up the value of being able to control the content of the committee report Lobbyists, staffers, etc. But focusing the attention in this way; would specify exactly where policing needs to take place. Focuses bad and good actors Canons of Construction Canons present factors and arguments, not really a formula or code Be able to contrast and compare (1) semantic canons, (2) substantive canons (3) arbitrary canons Semantic: generalizations about how the English language works Form of textual analysis Substantive Judge-made principles, grounded in commitment to certain systemic values rather than empirical beliefs about actual congressional intent Rule of lenity Arbitrary Not supported by how language works/is used nor founded on a valued principle. Still, can be useful for breaking ties and closing cases Example: McBoyle(1931)(The Stolen Airplane Case) National Motor Vehicle Theft Act §3 (1919) barred certain interstate transport of a stolen “motor vehicle,” which, under §3, “shall include an automobile, automobile truck, automobile wagon, motor cycle, or any other self-propelled vehicle not designed for running on rails.” Q: Does word “vehicle” in phrase “any other self-propelled vehicle not designed for running on rails” include an airplane? Held: An airplane is not such a vehicle, so defendant is not covered. Government relies on dictionary and purpose Dictionary Words imbedded in the phrase “any other” sounds inclusive “self-propelled” a general rule with an exception “not designed for running on rails” expressio unius