Canons of Construction and the Elusive Quest for Neutral Reasoning

摘要: Over the past 15 years, canons of construction have experienced a remarkable revival in courts and legal academy. While role this interpretive resource has been heavily theorized, it until now under-explored from an empirical standpoint. This article adopts novel combination doctrinal analysis to uncover Supreme Court's complex patterns reliance on over 34-year period. We focus whether are favored across different time periods, particular subject matter areas, by individual justices, close cases. Our approach - identifying ten resources, linking those resources ideological outcomes, pursuing extensive follow-up cases breaks important new ground judicial reasoning perspective. findings conclusions cast serious doubt contentions process proponents that can serve as consistent or impartial guidelines statutory meaning; they also challenge behavioral account canon use advanced public choice scholars. In addition, we identify subset which Rehnquist Court relied help undermine demonstrable legislative preferences Congress. Overall, our results analyses offer sobering counterpoint elevated normative claims made some justices many scholars canons' behalf.