Statutory term analysis is a method of analyzing a statutory term in a law to ensure that it is Congress, not a judge, 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 Statutory Term Analysis (STA) method includes using only the text of the United States Congressional Record as evidence of the legal meaning of a term in a federal statute and provides new detailed federal rules of evidence to a judge on how the judge (or judges) is to consider the timing, weight, and order of analysis of that evidence in the court-issued opinion.
Famous quotes containing the words term and/or analysis:
“A radical is one of whom people say “He goes too far.” A conservative, on the other hand, is one who “doesn’t go far enough.” Then there is the reactionary, “one who doesn’t go at all.” All these terms are more or less objectionable, wherefore we have coined the term “progressive.” I should say that a progressive is one who insists upon recognizing new facts as they present themselves—one who adjusts legislation to these new facts.”
—Woodrow Wilson (1856–1924)
“Analysis as an instrument of enlightenment and civilization is good, in so far as it shatters absurd convictions, acts as a solvent upon natural prejudices, and undermines authority; good, in other words, in that it sets free, refines, humanizes, makes slaves ripe for freedom. But it is bad, very bad, in so far as it stands in the way of action, cannot shape the vital forces, maims life at its roots. Analysis can be a very unappetizing affair, as much so as death.”
—Thomas Mann (1875–1955)