Statutory term analysis
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Statutory term analysis is a method of analyzing a statutory term in a
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
to ensure that it is
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, not a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
, 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 Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause gr ...
). The Statutory Term Analysis (STA) method includes using only the text of th
United States Congressional Record
as
evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
of the legal meaning of a term in a
federal statute The United States Code (formally The Code of Laws of the United States of America) is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles, which are organized into numbered se ...
and provides new detailed
federal rules of evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...
to a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
on how the judge (or judges) is to consider the timing, weight, and order of analysis of that
evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
in the court-issued opinion. Law of the United States Statutory law {{US-law-stub