Who Cares What Congress Thinks? Not James Mann: The Mann Act’s Marbury Moment
10 Journal of Law 105 (2020)
9 Pages Posted: 19 Nov 2020
Date Written: November 19, 2020
In Caminetti v. United States, the U.S. Supreme Court employed a severely puritanical approach — on the facts and on the law — to statutory interpretation. Conversely, the opinion for the Court in Caminetti triggered an intriguingly indulgent legislative-judicial exchange about the role of the courts in statutory interpretation. This little essay begins with a quick look at Caminetti and the statute it interpreted, proceeds through a similarly speedy examination of that indulgent post-decision exchange, and concludes with a few questions.
Keywords: statutory interpretation, plain meaning, legislative history, intent, purpose, Holy Trinity, Mann Act, William R. Day, Joseph McKenna
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