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SOURCES AND THEORIES OF INTERPRETATION (EVIDENTIARY SOURCES OF MEANING…
SOURCES AND THEORIES OF INTERPRETATION
EVIDENTIARY SOURCES OF MEANING
INTRINSIC SOURCES
Beyond the Ordinary Meaning of the Words
AMBIGUITY
ABSURDITY
SCRIVENER'S ERROR
CONSTITUTIONAL AVOIDANCE DOCTRINE
Ordinary Meaning of the Words
THE PLAIN MEANING RULE
Technical Meaning Rule
GRAMMAR AND PUNCTUATION
General Rule
The Doctrine of Last Antecedent
Gender
Mandatory and Discretionary
LINGUISTIC CANONS
In Pari Materia
Whole Act
Whole Code
The Presumption of Consistent Usage and Meaningful Variation
Noscitur Sociis
Ejusdem Generis
The Rule against Surplusage (or Redundancy)
Expressio Unius Est Exlusio Alterius
THE COMPONENTS
Headings
Titles
Preambles, Purpose Clauses, and Legislative Findings
The Purview: The Substantive Provisions
Definitions
Operating and Enforcement Provisions
EXTRINSIC SOURCES
Harmonizing Statutes
Conflicting Statues
Specific Statutes
Later Enacted Statutes
Repealed by Implication is Disfavored
Federal Preemption
Enactment Context - Using what Occurred Prior to and During Enactment
Context
Legislative History
The Legislative History Hierarchy
Using Legislative History
Criticizing Your Opponent's Use of Legislative History
Understanding the Supreme Court's Use of Legislative History
The Criticism of Using Legislative History
Congressional Silence
Purpose
Finding and Using Purpose
Finding Purpose from Text
Finding Purpose from Legislative History
Using Purpose
Post-Enactment Legislative Context
Using What Occurred After Enactment
Subsequent Legislative Inaction
Super Strong Stare Decisis
Legislative Acquiescence
Subsequent Legislative Action
Subsequent Acts
Subsequent Legislative History
POLICY-BASED SOURCES
Policy Based Canons Based on the Constitution
Constitutional Avoidance Doctrine
Rule of Lenity and Penal Statutes
Retroactive Civil Statutes
Clear Statement Rules and Federalism
Law's Hierarchy
THEORIES OF INTERPRETATION
TEXTUALISM
INTENTIONALIST-BASED THEORIES
INTENTIONALISM
PURPOSIVISM