Monday, September 26, 2005

Textual v. Contextual Statutory Interpretation

It appears the dominant theory to interpeting statutes is looking to construction and legislative history. But when legislative history conflicts? When the House says one thing and the Senate another? (See Beech Aircraft Corp. v. Rainey, 488 U.S. 153.) How about when you have four or five different factions with different interpretations, none of which are the majority? Whose do you go with? It seems when there is not a clear voice coming from Congress, "Legislative Intent" is best left alone, and a textualist approach is more rational.

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