Friday, October 9, 2015

Justice Antonin Scalia: The Surplusage Canon Doctrine


Justice Antonin Scalia:
The Surplusage Canon Doctrine

Justice Antonin Scalia said “Uhh… Umm… Ahh… I have to research that”


This post is modified with corrections from a similar post on BirtherReport.com May 13, 2015
>> http://www.birtherreport.com/2015/05/fool-navy-cdr-rips-supreme-court.html
<<>>

Scalia said...

Uhh… Umm… Ahh… I have to research that.”

Here is one glossary word of the "134 Glossary Words—Reading Law: The Interpretation of Legal Texts" from "Reading Law—The Interpretation of Legal Texts" by Supreme Court Justice Antonin Scalia and his coauthor Professor Bryan Garner.

surplusage canon:

The doctrine that, if possible, every word and every provision is to be given effect (verba cum effectu sunt acciptenda). According to this canon, "if a [textual] provision lends itself to two possible interpretations, and if one of those interpretations would make another provision in the [text] superfluous, then interpreters, ordinarily should prefer the other interpretation.

My comment:

Does Article 2 Section 1 Clause 5 give "every word...effect?"
Are ther "two possible interpretations" or only one?

Which of the meanings below of "natural born Citizen" makes the other meaning "superfluous?"

(1) The 1787 original genesis original intent of original birther John Jay—ONLY singular U.S. citizenship ONLY by birth onon U.S. soil ONLY to two U.S. citizen married parents?

(2) The 2008-2015 "nbC" new meaning neo-birther intent—born on EITHER U.S. soil OR foreign soil to two OR one OR zero U.S. citizen married parents?

The #1 and ONLY singular U.S. citizenship meaning of John Jay makes #2 and the many new meanings of the neo-birthers superfluous.

To "... prefer the other interpretation" means to prefer #1 and John Jay and ONLY singular U.S. citizenship and a single meaning of "nbC" and to ignore #2 as superfluous, as well as the multitude of new meanings of the "nbC" new meaning neo-birthers:

Obama new meaning neo-birthers
dual U.S./foreign citizenship
born on U.S. soil to only ONE U.S.citizen parent.

Cruz new meaning neo-birthers
dual U.S./foreign citizenship
born on foreign soil on only ONE U.S. citizen parent.

Rubio new meaning neo-birthers
dual U.S./foreign citizenship
born on U.S. soil to ZERO U.S. citizen parents.

vs.

Original birther John Jay original meaning
ONLY singular U.S. citizenship
ONLY born on U.S. soil
ONLY born to two U.S. citizen parents married
ONLY married to each other before their child is born

Art
U.S. Constitution: The Original Birther Document of the Union
( http://originalbirtherdocument24.blogspot.com/ )


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