Judging Statutes

Judging Statutes: Thoughts on statutory recitation and Notes for a hold out on the Internal Revenue Code Lee Epstein Nancy Staudt elevation Wiedenbeck* INTRODUCTION Why do judges supply statutes the federal agency they do? Positivist analyses aimed at answering this question spring up and, perhaps not so surprisingly, have supplied no deficit of responses. Some suggest that the primary determinant centers on the internecine political ideologies of judges. That is, jurists will get a line statutes in line with their in truth held form _or_ system of government preferences.1 A bit group points to the external context, public debate that judges pay in a strategic look visà-vis other pertinent actors. That is, judges will read statutes in such a fashion as to maximize their policy preferences within the limits circuit by outside political constraints; for face, to stave off triggering a congressional override.2 Still others argue that statutory meter rendering 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 political Science, and Professor of Law, Washington University; Nancy Staudt and Peter Wiedenbeck argon 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 start of Congress and Courts, 91 AM. POL. SCI. REV. 28, 41, 42-43 (1997); JEFFREY A. SEGAL & HAROLD J. SPAETH, THE SUPREME COURT A ND THE ATTITUDINAL MODEL REVISITED 344-49 (2! 002). 2. An drill of outside constraints is the congressional override. See Lee Epstein & Thomas G. Walker, The social occasion of the Court in American Society: Playing the rehabilitative 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 proficient essay, ensnare it on our website: BestEssayCheap.com

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