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View Diary: Rep. Bobby Rush kicked out of the House for speaking on racial profiling wearing a hoodie (309 comments)

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  •  It's more authoritative than that. (2+ / 0-)
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    Pozzo, uciguy30

    Headnotes are third-party commentary. The explanatory guide is a government publication.

    When the government is interpreting its own rules, I think they have the leeway to reasonably interpret those rules.

    •  You Are Correct (1+ / 0-)
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      uciguy30

      That the House interpreting its own rules would be entitled to a great deal of deference - IF all they were doing was "interpreting" language susceptible to more than one meaning (and I don't believe the actual rule language is susceptible of more than one meaning - it's actually that rare thing that's pretty clear.)

      However, even conceding the possibility of ambiguity, which is the foundation for any argument about deferring to Rep. Slaughter's interpretation, her guide goes far beyond the language of the rule arguably being interpreted.  It adds other prohibitions that appear nowhere in the rule that was cited as the sole authority for her interpretation.  

      That's not "interpreting" anymore. Once you step outside of the realm of just interpreting that which you contend is ambiguous and start importing things into the rule that are not reasonably inferrable from what is actually said, the interpretation is no longer entitled to any deference at all.  At least, that's what courts normally confronted with interpreting statutes -- although we don't have statutory authority here at all, just a rule -- have held.

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      by shanikka on Wed Mar 28, 2012 at 11:08:58 AM PDT

      [ Parent ]

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