Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction (Classic Reprint)

Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction (Classic Reprint)
Author: E. Fitch Smith
Publisher: Forgotten Books
Total Pages: 1002
Release: 2018-01-14
Genre: Law
ISBN: 9780483049499

Excerpt from Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction IN presenting these Commentaries to the public, I have to admit, that owing to circumstances beyond my control, they are not as full, and complete as I could wished to have made them. Many branches of constitutional law within the appropriate range of my subject, remain untouched, and in many instances, those that have been treated of, necesari ly have been but partially considered. It is to be regret ted, that a subject of so much importance at the present time, had not received the consideration of an abler mind, or that what has been done by me, had not been executed in a better manner. I am conscious of defects in What I have done, but the defects that do exist in this work, so far as constitu tional law is concerned, are supplied to a great extent, by the previous able, and distinguished Commentaries of the late Mr. Justice Story. With such a predecessor on any subject, and especially that of constitutional law, the mind naturally shrinks in distrust of its own powers, to travel even at a remote distance, along the path which has been illuminated and ren dered brilliant by his refined and cultivated intellect. That distrust is heightened, when it is considered, he had great Opportunities to acquire much learning on this subject; hav ing for many years occupied a seat in the highest, and I hes itate not to say, the ablest judicial tribunal, which ever adorn ed the jurisprudence of any nation that too, at a period when the constitutional law of a New World, was the theme of fo rensic discussion, and judicial determination, by a galaxy of forensic and judicial talent, unsurpassed in point of brilliancy. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

COMMENTARIES ON STATUTE & CONS

COMMENTARIES ON STATUTE & CONS
Author: E. Fitch Smith
Publisher: Wentworth Press
Total Pages: 1004
Release: 2016-08-26
Genre: History
ISBN: 9781362522577

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Judging Statutes

Judging Statutes
Author: Robert A. Katzmann
Publisher: Oxford University Press
Total Pages: 184
Release: 2014-08-14
Genre: Law
ISBN: 0199362149

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.