AMST 3822 Chapter Notes - Chapter 7: List Of Enacting Clauses
25 Jan 2019
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Document Summary
An act begins with a title which sets forth subject. Then an enacting clause, and sometimes a preamble/purpose clause stating reason or policy behind enactment. Specificity of detail could be due to complexity of subject matter, the legislators desire for specificity born of a fear of restrictive interpretation by courts, and lower level of abstraction on which the common-law lawyer operates. Pressures of enactment process often narrow scope of legislation. Compilations of us code are used for sake of convenience, even where they have not been enacted. Sometimes more difficult to make a thorough nationwide search of statute law than case law. Case law can and often is altered by statute, but, at least in principle, statutes cannot be altered by court decision. When legislative history not available or indicative of any specific intention the court may turn to more general legislative purpose. Therefore purpose interpretation doesn t require the use of legislative history and is frequently used.
