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Essay / Research Paper Abstract
This 6 page paper explores several theories of law and concludes that originalism is the only valid way to interpret law in the United States. The 1931 McBoyle v. United States is used to begin the discussion. Scalia's opinions are duly noted. Textualism is discussed. Bibliography lists 7 sources.
Page Count:
6 pages (~225 words per page)
File: RT13_SA006Law.rtf
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Unformatted sample text from the term paper:
property across state lines, he was not adequately warned, or at least the law was not properly on the books to support the crime. The facts of the case concerned
a defendant who was convicted of transporting a stolen airplane from Ottawa, Illinois, to Guymon, Oklahoma ("McBoyle" PG) . He was sentenced to prison for three years and ordered
to pay a fine as well (PG). The judgment was affirmed by the Circuit Court of Appeals for the Tenth Circuit and a writ of certiorari was granted by
the Court on the question as to whether the National Motor Vehicle Theft Act also applies to aircraft (PG). In evaluation of that act, it should be noted that the
act in question defines the term motor vehicle as including only an "automobile, automobile truck, automobile wagon, motor cycle, or any other self-propelled vehicle not designed for running on rails"
(PG). The question which the court took as being interpretive is in respect to the meaning of the word vehicle ("McBoyle" PG). While it is possible to
use the word to suggest something moving on land, water or air, in everyday speech the term vehicle conjures up a picture of a something moving on land (PG).
Further, when the statute was passed, airplanes were already been in existence and well known; however, air craft were never mentioned in Congressional debates (PG). The justice continued to
argue that although it is unlikely that a criminal would carefully consider the text of the law before murdering or stealing, it is reasonable to assume that a fair
warning should be provided to the world in language that the common man would comprehend (PG). Thus, when a rule of conduct is dictated in rhetoric which evokes in the
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