Judging Statutes

Judging Statutes: Thoughts on statutory recitation and Notes for a wait on the Internal Revenue Code Lee Epstein Nancy Staudt visor Wiedenbeck* INTRODUCTION Why do judges supply statutes the charge they do? Positivist analyses aimed at answering this question feature and, perhaps not so surprisingly, have supplied no dearth of responses. Some suggest that the primary determinant centers on the internal political ideologies of judges. That is, jurists will find out statutes in line with their in truth held form _or_ system of government preferences.1 A stake group points to the external context, public debate that judges exile in a strategic look visà-vis other relevant actors. That is, judges will read statutes in such a fashion as to maximize their policy preferences within the limits castigate by outside political constraints; for face, to stave off triggering a congressional override.2 Still others argue that statutory meter course session has less to do with policy maximization than it does with principle maximization, that is, jurists interpret statutes in accord with their * Lee Epstein is the Edward Mallinckrodt Distinguished University Professor of governmental Science, and Professor of Law, Washington University; Nancy Staudt and Peter Wiedenbeck are Professors of Law, Washington University.

The authors are grateful to Scott Hendrickson for his excellent research assistance. 1. Jeffrey A. Segal, Separation-of-Powers Games in the Positive orifice of Congress and Courts, 91 AM. POL. SCI. REV. 28, 41, 42-43 (1997); JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPREME COURT AND THE ATTITUDINAL MODEL REVISITED 344-49 (2002). 2. An prac tice of outside constraints is the congressi! onal override. See Lee Epstein & Thomas G. Walker, The use of the Court in American Society: Playing the reconstructive memory Game, in CONTEMPLATING COURTS 322-24 (Lee Epstein ed., 1995); William N. Eskridge, Jr., Overriding Supreme Court Statutory Interpretation Decisions, 101 YALE L.J. 331, 334, 337-79, 390-91 (1991)...If you want to get a replete(p) essay, ensnare it on our website: OrderEssay.net

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