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Definition
Expressio Unius Case.
-Creates presumption that when a statute creates a list, then all omission should be considered omissions.
1) Act listed all instances when a suit could be brought
2) apllied expressio unius |
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Term
| Cipollene v. Ligget Group |
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Definition
Presumption against Preemption
-When determining if federal regulation will preempt a state regulation, court will very narrowly construe the language of the statute to determine.
*Requires very precise language in federal statute
*If it does preempt, supercedes state cl. and won't necessarily preempt all state regs on the same topic. |
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Ejusdem Generis Case
1)Whether airplanes are included in the term "vehicle"?
2)Applied ejusdem generis-vehicle means self-propelled devise that works on land. |
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Absurdity Doctrine
Although ABA would fall within scope fo the statute, including it would lead to an absurd result.
--Private Party mtgs woudl require fed. gov't agent present |
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Definition
Court used legislative history to find that employees are protected against discrimination as well as students.
--In hierarchy of legislative history, committee reports are the most reliable |
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Definition
| Textualist critique of legislative history. Scalia would have used textualist canons. |
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Absurdity Doctrine
-Obstruction of mail carrier to arrest him for felony was beyond nature of law. |
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Definition
Legal Terms of Art
-If a word is obviously transplanted from another source, it brings the soil with it.
-Legal terms of art carry full meaning of terms with it |
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Definition
Scrivner's Error
1) miscommunication in pamphlet was typo
2)Gov't cannot be bound by statements made by its agents |
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Definition
Intent/Absurdity
-Although it would be absurd to prevent the dam to be completed, because of the intent of the statute. (to proptect the endangered species above all), result is not absurd |
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Definition
Implied Preemption->Field Preemption
-Rule: presumption against preemption
-When congress legislates in a field which the states have traditionally occupied, courts will presume that the historic police powers of the state were not to be superseded by the federal act unless that was the CLEAR AND MANIFEST PURPOSE of Congress. |
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Definition
Early Legislative History
-Law as passed is the will of the majority of both houses and the only mode in which that will is spoken is the act itself |
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Term
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Definition
Over-ruled "core-function" rationale and replaced it with the 10th Amendment regulation stating that Congress has the authority to pre-emp the state functions as long as it is within the powers granted in the constitution.
--Core function test was too uncertain replaced it with this reservation test.
-If fed had the reserved power to act, then can pre-empt state power |
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Term
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Definition
Common v. Scientific Meaning
-When statutes purpose is to govern something commonly, will use the common meaning of a word (as opposed to scientific) |
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Term
| National League of Cities v. Usary |
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Definition
State Sovereignety
-Congress may not exercise federal power to regulate an essential state function even if it would otherwise be a legitimate exercise of the power to regulate interstate commerce |
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Term
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Definition
Absurdity Doctrine
-Courts have more leeway to avoid not only absurd result, but unreasonable result.
-When result is plainly at variance w/ policy of legislation as a whole. |
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Term
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Definition
Read interpretation of absurdity doctrine
-Following a strict construction of statute as a whoel, and its subsequent intent, a company paying for immigration of member of learned populace absurd when the intent is to avoid influx of labor workers |
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Definition
Textualism
-Costs must be specifically authorized in order for them to be awarded by judge |
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Definition
Non-delegation Doctrine
-Statutory provisions were unconstitutional because there was no balance of power w/ president's authority because statute lacked intelligible principle.
-Last successful use of non-delegation doctrine |
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Term
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Definition
Congressional Delegation of Authority
-If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to fix such rates is directed to conform, such legislative action is not a forbidden delegation of legis. power.
-rebuts non-delegation doctrine
-Congress must establish common
sense stds. for exec.
-Can't be unfettered discretion, w/o
guidance |
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Term
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Definition
Rule of Lenity
-When a statute is ambiguous, courts will construe its meaning in favor of D.
-Argues narrow reading in favor of individual rather than gov't |
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Definition
Common Meaning v. Dictionary
-Because statute didn't include definition, common meaning should be used.
-Whole act rule |
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Definition
Intent/Absurdity
-To follow the text of the statute, where a grandson killed his grandfather to get the inheritence would produce an 'absurd result' |
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Term
| NLRB v. Catholic Bishops of Chicago |
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Definition
Unions filed petition for teachers to unionize. Catholic Bishops opposed for 2 reasons:
1) Lay teachers not employees under NLRA
2) 1st amd. religious freedom beyond NLRB's jurisdiction
-used constitutional avoidance canon and resolved case under the statutory question |
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Term
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Definition
Express Preemtion
-Provides a clear statement ruled designed to protect states from undue federal interference with core state activities and functions.
-RULE: if it is not clear that a federal statute covers a specific person, role, etc., then it does not (reconciling w/10th amndmnt)
-a clear statement is required before a court will construe a fed. statute as interfering w/ a fundamental aspect of state sovreignety. |
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Definition
Ejusdem Generis
-Interpreting "any person who shall carry a dagger, dirk, stiletto, or other dangerous weapon" |
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Term
| Continental Can v. Chicago Truck Drivers |
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Definition
Textualist Critique of Legis. History
-Can only take into account statements not made after the fact
-Its important what the whole of the legislature believed statute said
-Legislative history doesn't trump common meaning |
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Term
| Gustafson v. Alloyd Co. Inc. |
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Definition
Noscitur a sociis
-Employed 3 Rules:
1. Presumption against favoring consistent meaning throughout the statute
2. Presumption against superflous language
3. Noscitur a sociis: determine meaning of a word by those around it |
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Term
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Definition
| An Agency is not required to supply an intelligible principle if congress has not done so. |
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Term
| US v. Florida East Coast RR |
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Definition
-UNless the organic statute expressly states "on the record", there's a presumption against formal hearings.
---If organic statute states "on the record" than formal hearings are required.
After US v. Florida East Coast, formal rulemaking has become less frequent.
-not many organic statutes say 'on
the record'
-presumption against formal hearing |
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Term
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Definition
Due Process and Adjudications
-3 factors used to determine how much process is due:
1. private interest affected
2. risk of erroneous deprivation
3. administrative burden of
additional due process |
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Term
Industrial Union Dept. AFL-CIO
v.
API |
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Definition
It would be unreasonable to assume Congress intended to give OSHA Secretary 'unprecedented power over American Industry', and such a delegation would be unconstitutional
-Using non-delegation doctrine, 3 rationals
1. Congress not courts set policy
2. No intelligible principle
3. Intelligible principle must
provide judges a measuring stick
for judicial review |
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Term
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Definition
Bicameralism and Presentment
-4 constitutionally permissable unilateral actions
1. House: initiate impeachment
2. Senate: Impeachment trials
3. Senate: ratifying treaties
4. Senate: review of prez. appointmnts
Legislative veto of an executive decision not on the list, not ok |
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Term
Vermont Yankee Power
v.
NRDC |
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Definition
-Agencies cannot add requirements post-hoc
-presumption against retroactive action
-Rehnquist reasons for narrowing judicial review
1. agencies don;t know how much procedures will be required until after decision.
2. Safe course for agencies, maximum procedure
-Cts tend to assume more proc.=better results |
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Term
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Definition
Factors for Scope of Review
-does agency have authority to promulgate?
-Is rule supported by substantial evidence?
-Cts usually defer to agency decisions |
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Term
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Definition
-Agency can engage in rulemaking either through formal/informal rulemaking or adjudication
-choice on agency board |
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Term
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Definition
| Congress cannot delegate authority of an executive function to an agency while simultaneously withholding some of the power back without bicameralism and presentment. |
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Term
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Definition
Officer Removal by President
-President appoints officers w/ consent from senate, but can remove officers alone (no senate consent req'd)
-Policy: if pres. can't remove officers, than he can't faithfully execute his duties |
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Term
Humphrey's Executor
v.
US |
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Definition
Limitation on Presidential Power
-Power of president to remove members of an independent agency board or commission may be limited by Congress.
-Limitation on presidential power is hallmark of 'independent agency'. |
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Term
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Definition
-Case challenged under appointments clause
-Congress may not, by retaining th epower of removal over an officer of the US, exercise executive power |
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