Congress did not delegate authority to create new or hybrid categories. The district court does just that and has acted in excess if statutory authority. Courts are not empowered to create new law at a parties request; this is the role of Congress. Such rules are adopted pursuant to expressed authorization by Congress and they alone “create new law, rights, or duties, in what amounts to a legislative act.” White v. Shalala, 7 F.3d 296, 303 (2nd Cir. 1993); Sweet v. Sheahan, 235 F.3d 80, 91 (2d Cir. 2000). The district courts duty is solely interpretive and do not serve to create new law, rights, or duties. “[F]ederal courts have a strict duty to exercise the jurisdiction that is conferred upon them by Congress.” Quackenbush v. Allstate Ins. …show more content…
Under the "plain-meaning" rule, if the intention of the legislature is "so apparent from the face of the statute that there can be no question as to its meaning, there is no need for the court to apply canons of construction" Overseas Education Ass'n v. Federal Labor Relations Authority, 876 F.2d 960 (D.C. Cir. 1989). A statute must be construed according to its plain meaning except in extraordinary conditions, which are not present here. Dept. of Housing & Urban Dev. v. Pucker, 122 S. Ct. 1230, 1233 (2002). Silence in a statute regarding a particular topic does not render the statute unclear or ambiguous unless the statute is susceptible of more than one reasonable interpretation. In re Welfare of R.S., 805 N.W.2d 44 (Minn. 2011). Before considering whether the canon of statutory construction should be applied, the district court would first need to determine whether the statute in question is ambiguous. Courts have generally held that a statute is ambiguous when reasonably well-informed persons could understand the language in either of two or more senses State ex rel. Neelen v. Lucas, 24 Wis. 2d 262, 128 N.W.2d 425 (1964). The district court does not indicate that it is applying the canon of statutory construction nor does it state that any portion of the Act is ambiguous such that it promulgated an additional category of private
2. Facts: Explain the essential facts of the case. Tell the story of the case. Robert Foster, age 17, was a student at the Morehouse Educational Development Center (MEDC), a school for the mentally retarded. He was chosen a member of MEDC 's Special Olympics basketball team. This was a school sanctioned activity, with practice sessions
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
When a person takes steps toward the commission of a crime and has a specific intent to commit the crime, but for unforeseen reasons is unable to complete the crime the person has committed the crime of Attempt (Jirard, 2009). In the case of the State of Indiana versus Donald J. Haines, emergency personnel including two police officers [Dennis and Hayworth] along with emergency medical technicians [Garvey and Robinson] responded to Mr. Haines’s apartment for a report of a possible suicide that just occurred. When officers Dennis and Hayworth arrived at Haines’s apartment they discovered him lying face down in a pool of blood. Officer Dennis noticed that both of Haines’s wrists were cut and were bleeding. When Haines heard the paramedics he stood up, and began screaming at Dennis that he has AIDS and that he should be left to die. Dennis advised Haines that he was there to help him, and Haines told Dennis that he wanted to fuck him so that he could give him AIDS. Haines than told Dennis that he was going to utilize his wounds to spray blood on him, and began to jerk back and forth causing his infected blood to get into Dennis’ mouth and eyes. Haines told Dennis that he could not deal with having AIDS, but that he was going to make him deal with it.
The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose
FACTS: Graham, 16 years old, was sentenced to three years' probation, with the first year to be served in the county jail. Less than six months after being released, he was arrested for a home-invasion robbery with two accomplices. After that, he was sentenced to life imprison without the possibility of parole.
The United States’ attention was captivated on the Supreme Court Case of Powell vs Alabama during the 1930s. During the time period, this case revealed the brutal treatment towards African Americans more than any other event. The case began on March 25, 1931, when a group of young white and African American youths were traveling on a train to find a job. A physical encounter broke out between them and the white youths were thrown out of the train. Then they reported the incident to a stationmaster, who stopped the train. The police arrived to gather the nine African Americans and brought them to jail. Nine young African Americans were recognized as the “Scottsboro boys”. They were accused of rape of two white women on that train. The white jury convicted eight of them, all except one, the youngest at 12-years-old, and were sentenced to death. These youths were falsely charged with raping two white women in Alabama. Although there was no evidence that linked the African Americans to the white women, they were still charged with sexual assault. The two women -- fearing prosecution for their sexual relationship with the white men agreed to testify against the black youths. The Supreme Court Case of Powell vs Alabama is crucial in both Civil Rights history and in the evolution of the Constitution.
Statutory purpose is a paramount tool in Breyer’s pragmatism. Indeed, it is one of the two tools (the second we will see later) that he has found to be “the most useful” (Yale 12) because it conduces one of pragmatism’s central values: sustaining the work of democracy. Ordinarily, the pragmatist turns to statutory purpose “when statutory language does not clearly answer the question of what the statute means or how it applies” (Breyer 85). However, the majority uses purpose in a slightly different way here. Rather than using it to modify its interpretation of the CSA, the majority uses statutory purpose to analogize it with the AAA: “Just as the [AAA] was designed ‘to control the volume
In the case, Arizona versus United States, I am representing the respondent, United States, where we are seeking to stop the enforcement of S.B. 1070 in the federal district court before the law can be taken into effect. S.B. 1070, also known as Support Our Law Enforcement and Safe Neighborhoods Act, was passed in the state of Arizona in 2010 as an effort to address the large numbers of unlawful immigrants entering the state. The United States seeks to declare S.B. 1070 as preempted by the federal immigration law, where the four provisions of S.B. 1070, Section 3, Section 5, Section 6 and Section 2(B) violated the Supremacy Clause of the United States Constitution.
Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he
In 1886 the US Supreme Court declared that states could not regulate commerce that went beyond their boundaries in the Wabash, St. Louis and Pacific R.R. versus Illinois case. The decision provided the basis for the formation of the Interstate Commerce Commission in 1887. The Interstate Commerce Commission was a regulatory agency in the united states. Its purpose was to regulate railroads to ensure fair rates, to regulate rate discrimination and to regulate other aspects of common carriers, including interstate bus lines and telephone companies.
Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917. This was the time the WWI one had broken out, the government need men to fight. They were short staffed for that to work and they need man to fight this
The center of a circle can never be located with only one line running through the shape. There must be multiple lines, each one making it more clear where the center of the circle is. Analogously, the murderer of a case can never be indicted with only one piece of evidence pointing at them. There must be multiples indications, each one making it more clear who the murderer is. When Oreste Fulminante confessed to the first-degree murder of his stepdaughter, Jeneane Fulminante, the trial court used his confession as evidence to sentence him to death. However, since his confession was “coerced”, the Supreme Court decided to retry Fulminante’s case without the use of the “coerced” confession as evidence. Arizona v. Fulminante manifests
There are 4 Ps. Ps claim they were unlawfully detained by MOS and falsely arrested on drug charges. Ps allege that they live in a three family private house with apartments on 3 floors. Ps allege that the first floor apartment was of P Yolanda Lopez; second floor apartment was of P Yvonne (non-party), and basement apartment was of Evelyn Lopez and her 17 year old daughter, Karina Lopez. Ps Rafael Rivera and Erin Morales were staying on the first floor. P Rivera alleges that MOS entered the house and order him to get to his knee and P Rivera complied. P Rivera alleges that while he was on his knees MOS struck P Rivera in the face with the riot shield. P Evelyn Lopez alleges that defendant MOS Anthony Hughes grabbed her arm and struck her face against a wall and illegally searched her basement apartment. Defendant MOS John Natoli stated that the search warrant applied to all floors because each family has access other family’s
Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.
When understanding this case one must look at the true question being posed by people who don’t like the way it is now. Do those two sections have a purpose and are they still needed in the states constitution. The state which oppose change, states that the sections is upholding the beliefs and tradition of the state. It is “deeply rooted in our states history.” (Article IV, Sec 2)They argue that why should we rewrite the definition of marriage to one that has never existed.