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rule. If the
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the EXCLUSIONof
1. Presumption of Correctness
a. "When testing the constitutional validity
of statutes, courts shall presume the statute
to be valid." Consequently, the burden to
show the constitutional defect is on the
challenger. "Every act of the legislature is
presumed to be constitutional, and the
Constitution is to be given a liberal
construction so as to sustain the enactment
in question, if practicable." "When the
constitutionality of an act is challenged, a
heavy burden of proof is thrust upon the
party making the challenge. All laws are
presumed to be constitutional and this
presumption is one of the strongest known
to the law.
b. "Another rule of statutory construction
requires the presumption that, in enacting
statutes, the CONGRESS has full knowledge
of existing law and interpretations thereof .
Although the repeal of statutes by
implication is not favored, if two statutes are
in pari materia, then to the extent that their
provisions are irreconcilably inconsistent and
repugnant, the latter enactment repeals or
amends the earlier enacted statute.
c. "The legislature is presumed to know the
law when enacting legislation.
d. When amendments are enacted soon
after controversies arise "as to the
interpretation of the original act, it is logical
to regard the amendment as a legislative
interpretation of the original act, a formal
changerebutting
the
presumption
of
substantial change.
e. " We "assume that the legislature chose,
with care, the words it used when it enacted
the relevant statute."
f. when current and prior versions of a
statute are at issue, there is a presumption
that the CONGRESS, in amending a statute,
intended to effect a substantive change in
the law. "Further, we assume that
CONGRESS amendments to a statute are
purposeful, rather than unnecessary.
g. "The Supreme Court repeatedly has
affirmed that it is a presumption of statutory
construction that, where both general and
specific statutes appear to address a matter,
CONGRESS intends the specific statute to
control the subject
h. "When a statute begins with the phrase
"notwithstanding any other provision of law,"
it is presumed that CONGRESS intended to
override any potential conflicts with earlier
legislation.
i. "The construction of statutes by agencies
charged with administration of those