Constitutional avoidance
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 232 U.S. 531 - Plymouth Coal Company v. Commonwealth of Pennsylvania T · 1914Most cited · 360 citing opinions
It is a general and fundamental rule that if a statute be reasonably susceptible of two interpretations, one of which would render it unconstitutional and the other valid, it is the duty of the courts to adopt that construction which will uphold its validity; there being a strong presumption that the law-making body has intended to act within, and not in excess of, its constitutional authority.