Statutory term analysis
Encyclopedia
Statutory term analysis is a method of analyzing a statutory term in a law
to ensure that it is Congress
, not a judge
, who has the power to make laws under Article I, section 8, clause 18 of the U.S. Constitution (the Necessary and Proper Clause). The Statutory Term Analysis (STA) method includes using only the text of the United States Congressional Record as evidence
of the legal meaning of a term in a federal statute
and provides new detailed federal rules of evidence
to a judge
on how the judge (or judges)
is to consider the timing, weight, and order of analysis of that evidence
in the court-issued opinion.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
to ensure that it is Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, not a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, who has the power to make laws under Article I, section 8, clause 18 of the U.S. Constitution (the Necessary and Proper Clause). The Statutory Term Analysis (STA) method includes using only the text of the United States Congressional Record as evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
of the legal meaning of a term in a federal statute
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
and provides new detailed federal rules of evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
to a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
on how the judge (or judges)
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
is to consider the timing, weight, and order of analysis of that evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
in the court-issued opinion.