image.jpg

Class 2: Intent and Purpose

How should a court determine the meaning of a statute? We’ll spend the next seven classes considering this question. In class 2, we start with an old dilemma: what should a court do when the letter and spirit of the law seem to be in conflict?

Reading:

Consider the following questions as you read:

  1. The Church of Holy Trinity and the government are fighting over the meaning of the Alien Contract Labor Law of 1885. What specific words are they fighting over? Based on the text of the statute, what arguments would you make about the meaning of those words if you represented the government? If you represented the church?

  2. How does the Supreme Court identify Congress’s intent with respect to the statute? Why does the Court think this intent matters?

  3. The Court quotes extensively from a report produced by a Senate Committee. What is this committee’s role and why should we pay attention to what it says?.

prev/next

Back to LRS