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Judging Statutes (Paperback)
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Judging Statutes (Paperback)
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In an ideal world, the laws of Congress-known as federal
statutes-would always be clearly worded and easily understood by
the judges tasked with interpreting them. But many laws feature
ambiguous or even contradictory wording. How, then, should judges
divine their meaning? Should they stick only to the text? To what
degree, if any, should they consult aids beyond the statutes
themselves? Are the purposes of lawmakers in writing law relevant?
Some judges, such as Supreme Court Justice Antonin Scalia, believe
courts should look to the language of the statute and virtually
nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of
Appeals for the Second Circuit respectfully disagrees. In Judging
Statutes, Katzmann, who is a trained political scientist as well as
a judge, argues that our constitutional system charges Congress
with enacting laws; therefore, how Congress makes its purposes
known through both the laws themselves and reliable accompanying
materials should be respected. He looks at how the American
government works, including how laws come to be and how various
agencies construe legislation. He then explains the judicial
process of interpreting and applying these laws through the
demonstration of two interpretative approaches, purposivism
(focusing on the purpose of a law) and textualism (focusing solely
on the text of the written law). Katzmann draws from his experience
to show how this process plays out in the real world, and concludes
with some suggestions to promote understanding between the courts
and Congress. When courts interpret the laws of Congress, they
should be mindful of how Congress actually functions, how lawmakers
signal the meaning of statutes, and what those legislators expect
of courts construing their laws. The legislative record behind a
law is in truth part of its foundation, and therefore merits
consideration.
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