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Table Of Contents

Statutory Text
In General — Statutory Context and Purpose
Canons of Construction
In General
Ordinary and Specialized Meaning
Terms of art
Ordinary meaning and dictionary definitions
General, Specific, and Associated Words
Grammatical Rules, Punctuation
Statutory Language Not to be Construed as “Mere Surplusage”
Same Phrasing in Same or Related Statutes
Different Phrasings in Same Statute
“Congress Knows How to Say ...”
Statutory Silence
De Minimis Principle
Overriding Presumptions
Departure from Common Law or Established Interpretation
Displacing State Law, Impinging on State Operations
Abrogation of States’ Eleventh Amendment Immunity
Nationwide Application of Federal Law
Waiver of Sovereign Immunity
Non-retroactivity / Effective Date
Avoidance of Constitutional Issues
Extraterritorial Application Disfavored
Judicial Review of Administrative Action
Deference to Administrative Interpretation
Repeals by Implication
Laws of the same session
Appropriations laws
Rule of Lenity
Remedial Statutes
Statutes Benefitting Indian Tribes
Titles of Acts or Sections
Preambles (“Whereas Clauses”)
Findings and Purposes Sections
“Sense of Congress” Provisions
Savings Clauses
“Notwithstanding Any Other Provision of Law”
Implied Private Right of Action
Incorporation by Reference
Deadlines for Administrative Action
Legislative History
Plain Meaning Rule
Uses of Legislative History
Post-Enactment or “Subsequent” Legislative History
Subsequent legislation
“Isolated statements”
Signing Statements
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Statutory Construction - General Principles

Statutory Construction - General Principles

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Published by Roma Caraig

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Published by: Roma Caraig on Mar 22, 2011
Copyright:Attribution Non-commercial


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