Wednesday, March 07, 2007

Jefferson nails it, again....

In the construction of a law, even in judiciary cases of meum et tuum, where the opposite parties have a right & counter-right in the very words of the law, the Judge considers the intention of the law-giver as his true guide, and gives to all the parts & expressions of the law, meaning which will effect, instead of defeating, it's intention. But in laws merely executive, where no private right stands in the way, and the public object is the interest of all, a much freer scope of construction, in favor of the intention of the law, ought to be taken, & ingenuity ever should be exercised in devising constructions, which may save to the public the benefit of the law. Its intention is the important thing: the means of attaining it quite subordinate. It often happens that, the Legislature prescribing details of execution, some circumstance arises, unforeseen or unattended to by them, which would totally frustrate their intention, were their details scrupulously adhered to, & deemed exclusive of all others. But constructions must not be favored which go to defeat instead of furthering the principal object of their law, and to sacrifice the end to the means....

- letter to William H. Cabell, August 11, 1807. (Click headline to read full letter).

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