How do these questions add up to tell us if and when a concert is over? There are two options. Consider the same language, which is enumerated in two different ways. This will be my first attempt to generate the content of my legal documents with software. I`ve avoided that so far, but I can`t do it anymore. Write to me if you are interested. There is disagreement as to whether the current interpretation of the enumerated powers, as exercised by Congress, is constitutional. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “list”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback.
United States v. Lopez[7] declared the Gun Free School Zone Act unconstitutional in 1995 because it exceeded the authority of Congress to “regulate commerce. between different States”. Chief Justice William Rehnquist wrote: “We begin with first principles. The Constitution creates a federal government with enumerated powers. For the first time in sixty years, the Court found that Congress exceeded its powers under the trade clause by creating federal law. [ref. needed] I will also try to make logical statements by yes or no. If the meaning of the enumeration is reliable – I think so, and I intend to design a boilerplate text to be doubly sure – converting from a structured representation to a legal language can be easy. I already have code. The third type of meaning seems to be the most likely victim of a disclaimer “enumeration means nothing”.
Enumeration and headers. The enumerations and headings contained in this Agreement are for convenience of reference only and do not affect the meaning or interpretation of the provisions of this Agreement. This term is often used in law as a synonym for “expressly mentioned”, “designated” or “expressly named or granted”; as in the case of government powers, assets or items “listed” in a tariff schedule. See Bloomer v. Todd, 3 Wash. T. 509, 19 I`ac. 135, 1 L. R. A. Ill; Wolff v.
U. S., 71 Fed.291, 18 C. C. A. 41; San Francisco v. I`ennie, 93 Cal. 405, 29 Pac. 00; Schneiden v.Schneiden, 20 Hun, 305.Emimeratio infxrmat regulam in casi- bus non enumeratis. The enumeration rejects the rule in cases not listed.
Ferry. Aph. 17.Enumeratio unius est exclusio alte- rius. The specification of one thing is the exclusion of another. A maxim that is expressed more generally in the form “exprcssiounius est cxclusio alterius”. Writers use bulleted lists and conventions about their meaning instead of grouping symbols as parentheses. Like defined terms and references, these agreements are not based on law, but are known as agreements between lawyers. They work with the same magic that gives a term quoted in parentheses the same meaning in terms on the back of a parking lot or a 100-page merger agreement.
The enumerated powers (also known as expressed powers, explicit powers, or delegated powers) of the United States Congress are the powers granted to the United States federal government by the United States Constitution. Most of these powers are listed in Article I, Section 8. American illustrators can succumb to this fashion with long objects listed. This government is recognized by all as one of the enumerated powers. The principle that it can exercise only the powers conferred on it seems too obvious to be necessary to be imposed by all those arguments which its enlightened friends, while dependent on the people, have found it necessary to put forward; This principle is now generally accepted. [4] Lawyers are generally very familiar with these logical relationships. They share this trait with computer programmers, mathematicians, and logicians, who also rely on rigorous use and intuition in logical connections to do their daily work. “A and B” is A&B in computer code and “A ∧ B” in mathematics. “A or B” is a || B and “A ∨ B”.
“Not A” is! A and “¬A”. “If A, then B” is if (A) { B } and “A → B”. Different symbols, same meaning. During a census year, the U.S. government attempts to count every citizen of the country — a task that isn`t really possible, even in the modern age of technology. Medical tests often require counting bacteria, viruses or other organisms to determine the course of a disease or the effectiveness of a drug. Despite the numeric root, you do not need to use numbers when enumerating. For government and law students, the “enumerated powers” are the specific responsibilities of Congress, as enumerated in the United States. Constitution; These are the only powers that Congress has, a fact that the Tenth Amendment makes even clearer.
Most older American forms and many older American practitioners continue to adapt to the style of the text wall, regardless of the length of the items listed: the second may be theoretically significant, where the numbering of a bulleted list with the general section numbering scheme makes sense. But contract writing differs from these other fields in that it clings to prose English in terms of expression. basic. Although legal English is dangerously distant from everyday English in terms of diction, usage and style, it lacks a key innovation in the formal languages of other professions. Legal English has no special notation to indicate the “order of operations” or how two or more logical connections are linked in a single question. One school of thought is called strict constructivism. Strict constructivists refer to a statement by Chief Justice Marshall on the powers enumerated in McCulloch v. Maryland:[4] Historically, Congress and the Supreme Court have interpreted enumerated powers broadly, particularly by drawing many implied powers from them. [1] The powers enumerated in Article 1 include both exclusive federal powers and concurrent powers shared with the states, and all of these powers must be contrasted with the reserved powers enjoyed only by the states.
[2] [3] In my experience, other common law jurisprudence tends to “count” differently: lawyers should accept such use of enumeration and make its meaning more explicit. The alternative to avoid ambiguity is to “distribute” subjunctive and disjunctive relationships. In other words, repeat questions as needed to clarify the overall issue. The interpretation of the necessary and appropriate clause was controversial, especially in the early years of the Republic. Strict constructivists interpret the clause to mean that Congress can only pass a law if failure to do so cripples its ability to exercise any of its enumerated powers. Cowardly constructivists, on the other hand, believe that it is largely for Congress, not the courts, to determine what means are “necessary and appropriate” to exercise one of its enumerated powers. It is often referred to as an “elastic clause” because it leaves a great deal of room for interpretation; Depending on the interpretation, it may be “stretched” to expand the powers of Congress, or it may be authorized to “contract” Congress, thereby limiting Congress. In practice, the clause has been combined with the commercial clause in particular to create the constitutional basis for various federal statutes.
[5] . the list of names has been “listed” and each of “John”, “Paul”, “George” and “Ringo” is an “enumerated item”. Congress has the power to dispose of and enact all necessary rules and regulations with respect to the territory or other property of the United States; and nothing in this Constitution shall be construed so as to prejudice the claims of the United States or of any particular State. No other judge agreed with this part of the Chief Justice`s opinion. If ignoring the bulleted list for contract interpretation means rewriting the contract wording and eliminating any bulleted formatting or numeric characters, Alt 1 and Alt 2 revert to the same block of poorly structured text with an ambiguously applicable end modifier. minting currency, regulating the value of its foreign coins, and setting the standard for weights and measures; The first is far-fetched. I am not aware of any assumption that order is important if a treaty does not say so. If a contract provides for it, it is a separate language that is not part of the formatting or bulleted numbering.
Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. The idea that the authors want the courts to ignore how they organize language in census problems, because ambiguous “subsequent modifiers” are common fatal cases and structured census is an important tool for prevention. When I read or hear “bulleted list” in the contract discussion, it means how authors divide and number list items in contract sections. When an American treaty says. and the Beatles don`t play any extra songs on site on the day of the concert. From what I have seen, American practitioners have not taken up the taste of their Commonwealth colleagues for decimal numbering and indented margins. call on militias to enforce EU laws, suppress insurgencies and repel invasions; Contract tests, triggers, and other constructs that ask yes or no questions often include so-called “logical connections” such as conjunction (“and”), disjunction (“or”), and negation (“not”). To emphasize these connections in our current example: Mid-Concert, Ringo performs an exuberant baton throw. Luckily, the stick hits an electrical connection above the drum`s riser and cuts off the power supply to the venue`s stage lighting. After a delay of several hours, during which all the Beatles remain behind the scenes, the connection is repaired.