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Construction to avoid constitutional doubt

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 232 U.S. 299 - United States v. James Gordon Bennett · 1914Most cited · 99 citing opinions

The argument that the statute should not be construed as applying to the use of a yacht wholly beyond the territorial limits of the United States, since if so interpreted it would be repugnant to the Constitution, rests upon what in effect is a misconception of the elementary rule of interpretation that where there are two possible constructions of a statute, one of which will give rise to grave doubt as to its constitutionality, and the other avoids such question, the latter will be adopted. The foundation of this is the possibility of two constructions, and the existence of the grave doubt as to constitutionality.

How often courts cite the case defining “Construction to avoid constitutional doubt”

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Court decisions citing the opinion that defined “Construction to avoid constitutional doubt” — 99 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.