Iron Head
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- Oct 3, 2015
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- #21
I agree with you in theory. However, 99% of decisions by courts involving statutory interpretation invoke mundane things involving the tax code, or bankruptcy code, or whatever and are interpreted by looking at legislative history that clearly evidenced congressional intent in a non-controversial and non-legislative way.There is something to your point. There is also varying degrees of filling in the gray areas. I tend to agree with Justice Scalia that you have to interpret a statute according to its plain meaning. If that does not resolve the issue then Congress needs to clarify it, not the courts.Courts should not rule on this at all. They should refuse to hear such cases until congress writes a law clarifying what they meant by "undue hardship". Letting the courts interpret the phrase amounts to courts writing laws.
Something??? My point is 110,216.3 percent correct THINK
I am in total agreement, though, that if the substantive outcome of a statute's application is created by judicial fiat then such action is completely inappropriate and unconstitutional. My point being that the matter is not quite as black and white as you make it out to be.
So I put it back to you and say that I am 100% correct and that YOU need to THINK, moron.