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Canons of statutory construction are rules of construction for the interpretation of statute law in the United States. Rules of construction or statutory construction is a phrase used to distinguish the rules of statutory interpretation from other rules or aids for the interpretation of law in the common law. ...
Statutory interpretation is the process of reading and applying statutory law. ...
A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...
Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow...
Four main canons
Ejusdem generis "of the same kind, class, or nature" Where general words follow an enumeration of specific items, the genereral words are read as applying to other items akin to those specifically enumerated
See McBoyle v. United States McBoyle v. ...
Expressio unius est exclusio alterius [est] "Expression of one thing is the exclusion of another"
Also known as the The Negative Implication Rule. This rule assumes that the legislature intentionally specified one set of criteria as opposed to the other. Therefore, if the issue to be decided addresses an item not specifically named in the statute, it must be asssumed the statute does not apply.
An example would be Tennessee Valley Authority v. Hill, whereby court upheld an injunction against completion of a $100 million dam to prevent possble extintion of "snail darters". The court found that the listed exemptions to the Endangered Species Act was exchaustive. Since snail darters were not in the list, they were found not to be protected. TENNESSEE VALLEY AUTHORITY v. ...
Also, see PASSENGER CORP. v. PASSENGERS ASSN., 414 U.S. 453 (1974).
Noscitur a sociis "It is known from its associates" (literally, "A man is known by the company he keeps.").
The meaning of questionable or doubtful words or phrases in a statute may be ascertained by reference to the meaning of other words or phrases associated with it.
See Jarecki v. G.D. Searle & Co., where drugs and photographic devices were not "discoveries", despite their novelty, where the context of the statute was income-producing activity in the oil and gas and mining industries.
In pari materia "Upon the same matter or subject"
This canon states that to determine the meaning of the particular statute, the court should look at surrounding statutes to determine meaning. The idea is that a set of stautes will form a complete subject body, and it is the job of the court to bring a contextual harmonization among the various related statutes.
See Bowen v. Massachusettes, where an action for "damages" included an action for injunctive relief that would require payment of money, a form of relief not technically within the definition of "damages"
Other canons
Criminal statutes should be construed narrowly Or Rule of Lenity for Criminal Statutes
See United States v. Wiltberger, where jurisdiction of crimes committed on the "high seas" did not apply o crimes committed on rivers in foreign countries
Specific Language Controls over the General See People v. Ruster, criminal conviction reversed, because there wasa statute that made falsification of unemployment applications a less serious misdemeanor
Deference to Administrative Interpretations As long as it is a permissible construction of the statute.
Interpretation to Avoid Unconstitutionality See Kent v. Dullus, where passport laws did not give permission to the State Department to prohibit persons with "Communist Backgrounds" from traveling. Also Webster v. Doe, where Administrative Procedures Act was construed to allow a suit for violtion of constitutional rights
"Clear Statement" rules Where Congress must make absolutely clear its intentions to alter certain aspects of state sovereignty
Interpretation in Light of Fundamental Values Statute does not violate fundamental societal values
See:
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