Probably he meant no more than to state a rule of statutory construction
that was substantially in accord with Blackstone's later enunciation of the principle of legislative sovereignty."(7) To repeat: if that was what Coke meant, why had he not said so?
While the Court of Appeals applied the rules of statutory construction
because it found the RUA and the GTLA to be in conflict, the Supreme Court found no conflict between the statutes.
His solution was for FDA to establish a Center for Dietary Supplements, "with its own statutory construction
and its own regulatory scheme."
Pennsylvania's Crimes Code Section 6305 says it is illegal to "furnish tobacco, in any form, to a minor under the age of 18 years." Crimes Code Section 6306 says that "a person commits an offense if he furnishes to any minor...any cigarettes." Pennsylvania's 1972 Statutory Construction
Act defines a minor as any person "under the age of 21 years." Most cigarette marketers and police agencies continue to use 18 as the guideline.
The two dissenting opinions by Justices Mosk and Justice George, joined in by Justice Kennard, would have held Regulation 2 invalid, if not as a matter of statutory construction
, then as a violation of the First Amendment of the United States Constitution.
The Court stated that the case chiefly involved an issue of statutory construction
although the Illinois statute expressly specified that proceedings under the Act "shall be civil in nature." According to the Court, Allen failed to provide sufficient proof that the state's intent was negated by a statutory scheme that was, in actuality, punitive.
"Under the rules of statutory construction
, a special law is not repealed or amended by a general law.
Considering the ancient rule of statutory construction
, that penal statutes should be strictly construed against the government and in favor of the taxpayers, it is thus with fervent plea that the revenue authorities revisit the circular.
The court in Knowles explained that legislative intent is the "polestar" for statutory construction
. To determine that intent, courts must look first to the statute's "plain meaning." Id.
Further, following a rule on statutory construction
, the 'others' must be of the same kind or nature as the enumeration.
In statutory construction
, the interpretation that makes more sense prevails over those that make little sense.
In other words, the Justices could be using the canons as "just window-dressing for results reached for other reasons." (135) If so, the Justices could be dueling more in the divided-vote cases (when they disagree over the correct statutory construction
) because they are using the canons strategically, with the distinct purpose of neutralizing an opposing opinion's arguments.