To fully appreciate the extent to which the Broad Reading violates the canon against surplusage
, it is necessary to step back even further and look at all of [section] 523(a)(8).
2005) ("If the reference to prerequisites is to be given some meaning apart from preserving plaintiffs substantive rights under the act (which it must in order to avoid rendering that language mere surplusage
), it must be construed as invalidating procedural changes not authorized by Congress.").
has a broader meaning than the term malpractice alone" because "the Legislature intended that no part of its statutory scheme be rendered mere surplusage
direction and the rule against surplusage
pulls in another.
Although Stewart does not address the surplusage
argument that Mason makes, Stewart nonetheless holds that the "representing" element in a companion identity theft statute requires nothing more than presenting a document under circumstances in which such presentation is an effective representation that the document is being used with authorization.
After all, Virginia's congressmen had been instructed to declare what the last section declared; the rest was mere surplusage
Leach (for Castillo's estate) and Miller (for Gabarette).<br />"The majority's conclusion that the Endorsement is mere surplusage
has generated considerable alarm and concern within the bar," the petition said.
Pero ipapaliwang po natin sa taong bayan na sayang, kasi surplusage
na po yan...
Judges should hesitate to treat statutory terms in any setting as surplusage
Specifically, Locke's disdain for unused "surplusage
" and waste, as expressed in both treatises of government, suggests that some provision for appropriation of neglected property is a desirable feature of any property rights system rooted (either loosely or strictly) in a Lockean paradigm of natural rights.
If the definition of an "extrajudicial killing" (and "torture") in TVPA [section] 3(a) already had a state actor limitation from international law, then the additional state actor limitation in [section] 2(a) would be surplusage
. See Gustafson v.
For instance, in Attorney General Randolph's letter to President Washington opining on the unconstitutionality of the Bank Bill, he conceded that the word "proper" was more likely than not a surplusage
"which as often proceeds from inattention as caution." Edmund Randolph, The Constitutionality of the Bank Bill, No.
Tenth Amendment and are saved from being constitutional surplusage
The biographer notes how already in the early 1870s, Whitman had declared Leaves at a terminus, and everything else "surplusage
forming after that Volume." (22) Thus, rather than track Whitman's self-deification, as his disciples did, Allen tunes into his deep exhaustion, an exhaustion increasingly evident in the late work: "Whitman seems...
(124) In Missouri, constitutional provisions "are subject to the same rules of construction as other laws, except that constitutional provisions are given a broader construction due to their more permanent character." (125) Additionally, it must be assumed that every word "contained in a constitutional provision has effect, meaning, and is not mere surplusage
." (126) Generally, words are interpreted to "give effect to their plain...