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Uncovering the Codifier's Canon: How Codification Informs Interpretation
Listwa, Daniel B.
Listwa, Daniel B.
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Abstract
To contend that the category of "tangible objects" should be understood to exclude an actual fish, one must marshal some strong arguments. The ordinary meaning of a textual phrase in a statute is often the most persuasive evidence in favor of a particular interpretation. An interpretation at odds with ordinary meaning requires citing textual or other clues of nearly equal interpretive force. In Yates v. United States, the Supreme Court narrowed the meaning of the word "tangible object" in 18 U.S.C. § 1519, in part by citing the language's organizational context in the United States Code, including its caption and the function of the surrounding provisions.