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Description
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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Judging Statutes Reprint Edition