I.
Textual (Internal) Canons
Focus on statute’s language, grammar, syntax, and internal structure—the “four corners” of the text.
Plain Meaning Rule: Start with the ordinary, reasonable meaning of the words. If the text is clear and
unambiguous, courts apply it as written.
Whole Act Rule: Interpret words and provisions in the context of the entire statute Avoid readings that create
conflict or incoherence within the statute.
Whole Code Rule: Presume consistent usage across related statutes. Helps identify how a word is used
throughout the U.S. Code.
Presumption of Consistent Usage: Same term, same meaning throughout statute unless context dictates
otherwise.
Presumption of Meaningful Variation: Different words in close proximity presumed to mean different things.
Canon Against Surplusage: Interpret the statute so that every word and phrase has meaning. Avoid making
any word or clause redundant or unnecessary.
Expressio Unius (Negative Implication): The expression of one thing implies the exclusion of others. If items
are listed without a general catch-all, assume others were intentionally excluded.
Noscitur a Sociis:
Ejusdem Generis: When general words follow specific ones, the general term is limited to the same kind or
class as the specific words.
Rule Against Derogation of Other Provisions: Avoid interpretations that conflict with or undermine other
provisions in the statute. Specific provisions prevail over general ones.
Punctuation and Grammar Canons: Courts may consider sentence structure, commas, modifiers, and series
qualifiers in interpreting the statute.
Last Antecedent Rule: A limiting clause or modifier is presumed to apply only to the last antecedent, unless
context shows otherwise
Technical Meaning
Golden Rule (plain meaning + absurdity exception)
II. Extrinsic (Pragmatic) Canons
Use when text is ambiguous or contextually insufficient by focusing on real-world consequences (history, policy,
constitutional principles). Concerned with reading statute in context—internally and within the U.S. Code.
Use of Legislative History
Committee Reports (most authoritative)
Sponsor Statements
Floor Debates (least weight)
Hearing Transcripts / Agency Testimony
Post-Enactment Statements (very weak)
Rejected Proposal Rule
Statutory Purpose/Mischief Rule – interpret the law to remedy the problem it was enacted to solve
(Purposivist: advance legislative goals)
Dynamic Interpretation – statutes evolve with social norms
Scrivener’s Error Doctrine: correct obvious drafting mistakes if clear from context
Absurdity Doctrine: depart from plain meaning to avoid an absurd result Congress could not have intended.
Similar Statutes/ Borrowed Statute Rule (when based on past judicial interpretations)
Whole Code Rule
Whole Act Rule
In Pari Materia
Borrowed Statute Rule
Rule Against Derogation of Other Provisions
Constitutional Avoidance: Interpret statutes to avoid constitutional problems if plausible alt. reading exists.
Presumption Against Retroactivity
Rule of Lenity: Criminal statutes should be interpreted narrowly, in favor of D, when ambiguous.
Federalism Clear Statement Rule: Congress must speak clearly when it intends to alter the balance of state-
federal power
Presumption Against Preemption: Congress will not preempt state law unless clearly stated.
Major Questions Doctrine: Agencies require clear congressional authorization to regulate major economic or
political issues
III. Substantive Canons
Policy values, constitutional principles, institutional assumptions: apply to resolve ambiguity towards preferred
outcomes.
Rule of Lenity – construe criminal laws in favor of defendants.
Presumption Against Implied Repeals
Presumption Against Retroactivity
Presumption Against Preemption
Federalism Clear Statement Rule
Major Questions Doctrine
Constitutional Avoidance Canon
- Weak Canon
- Strong Canon
IV. Reference (Continuity) Canons
Contextualism: Use when statute interacts with earlier law, uses repeated terms, or reflects a historical legal context.
Congress intends consistency across its legislation (across statutes, across time). Clarify ambiguous terms through
reference to prior or parallel usage. Useful when interpreting amended, re-enacted, or related statutes.
Presumption of Statutory Continuity – reenacted text carries prior judicial interpretation.
Presumption of Common Law Incorporation statutes pertain to existing common law unless clearly
displaced.
Presumption Against Implied Repeals – newer laws do not repeal older ones without clear conflict. New
statutes are not presumed to repeal prior law unless the intent is clear and irreconcilable. Promotes statutory
continuity and coherence in the U.S. Code.
Whole Code Rule: Words and provisions are read consistently across different statutes, especially if they share
similar structure, language, or subject matter. Encourages harmony across U.S. Code.
Presumption of Consistent Usage: Same word = same meaning throughout a statute. Identical terms are
presumed to be used consistently unless context suggests otherwise.
Presumption of Meaningful Variation: Different words, different meanings. A change in wording within the
same statute (or related provisions) is presumed intentional and meaningful.
Presumption of Statutory Continuity When a statute is re-enacted using similar language, courts presume that
existing interpretations are adopted. Reuse of language = reaffirmation of prior judicial construction.
Presumption of Common Law Continuity: Statutes are interpreted in light of the common law, unless
Congress clearly changes the rule. Courts presume Congress knows and incorporates common law meanings
when drafting.
Whole Act Rule: Each provision is interpreted considering the entire statute. Promotes internal coherence by
assuming continuity of meaning and structure within the act.
Rule Against Derogation of Other Provisions: Specific provisions take precedence over general ones to
preserve internal consistency and avoid undermining other statutory parts.
V. Deference is Dead/Court-Agency Interpretative Canons (Skidmore)
Skidmore Approach (persuasive weight based on thoroughness, expertise)
Loper Bright Rule
State Farm Rule
Mead Doctrine
