Securities
Is it a judge's/administration's duty to interpret a statute?
QUESTION(S) PRESENTED . 4. Question. Is it 0 duty to interpret a Statute 2 Answer. Yes. Ina recent Eleventh Ciecuit case Eleventh Cipeuit case, Chief ustice Carnes, in his Concurring opinion, Outlined the role of the judiciary in Statutory interpretation: There is more at Stake here, than an iggue of statutory interpretation. The question ig one of the, proper role of the caticiary. AS we have explained... We ore interpreting statute, not designing one. Although "c 7 yet 12¢S, have enough ego to believe that we could improve a good many statutes Sool e e chances Statutory Construction doe§ not give us that chance if we are true te the moan aad aio” ur duty is to say what Statutory language. Means, Not What it should . What i+ would mean if we had deatted it.” Friends of the Everglades v, S. Fla. Water Mamt: Dist., 570 F.3d 1440, 4284 C12" Gin, 2009) & Question. Are Banking statutes Appropriate for alleged banking violations? Answer Yes, Although the case US v. Bass, HO4 US 836, 92 Set 515(1971) may ditGer in elemental ature, the Principle answer remaing sutPicient as follous: "Rule that, where there is ambiguity In Criminal statute doubts are resolved in favor of defendant, applies to eriminal Prohibitions as well as penalties” “Criminal statutes should normally be construed strictly,” 3. Can a Federal Prisoner Seek relief and redress boy direct appeal to the Supreme Court due 40 constitutional violations 2 Answer Yes. According to the case I G 171,22 LE. ASU 1068 4169) NI Ee 2 ederal Habeas Corpus rel lef is not to be denied to prisoners alleging constitutional deprivations Solely on the ground that relief should