Tellingly, Jones analogized the briefing of legislative history for statutory interpretation to the briefing of legislative facts in constitutional litigation (which were often drawn from legislative sources).
When defending the constitutionality of a federal act, the government's usual aim in citing legislative history was to assure the Court that Congress had found the legislative facts requisite to the exercise of its enumerated powers.
Some legislative facts
we all need to remember are that with the last election, quite a few older legislators, known to be friends of nursing, left Nashville.
When a court or an agency develops law or policy, it is acting legislatively; the courts have created the common law through judicial legislation, and the facts which inform the tribunal's legislative judgment are called legislative facts
Our courts have historically considered the writings and studies of social science experts on legislative facts
, with or without introduction into the record below, and with or without consideration by the trial court.
Various student activities and Congress petition drives followed outside the library building with members from Florida Immigrant Coalition (FIC) and SWER joining the STU community in an effort to gain more Dream Act supporters and drive the public to action at a time when some members of Congress may have been vulnerable to distortion of legislative facts
, labeling the Dream Act as "amnesty.
The court held, inter alia, that the plaintiffs failed to meet their burden of proving that "the legislative facts
on which the classification is apparently based could not reasonably be conceived to be true by the government decisionmaker.
The ruling shone a spotlight on the methods, or lack thereof, that the Court employs in receiving evidence and resolving disagreements about questions of legislative facts
in constitutional cases.
Curiously, what McCombs had originally described as unreliable evidence now seems to support his conclusions about the legislative facts
of the case.
Indeed, the Court has stated that Congress need not make any actual determinations about such legislative facts
The Supreme Court's review of legislative facts
found by Congress can make all the difference between enjoying a constitutional right and losing it.
One of the most basic legislative facts
is that insistence on statutory clarity of ends and means requires a reduction in the role of politics.