Regulatory legislation’s rise drives statutory interpretation litigation to courts

Evidence

As the volume of federal and state legislation increased during the twentieth century, so did litigation over its interpretation and the level of statutory policymaking by judges. Equally important was a change in the character of legislation. During the nineteenth century, federal statutes primarily involved the distribution of benefits to citizens (e.g., the Homestead Act, which made public lands available to settlers), and such legislation rarely provoked disputes. Beginning in the twentieth century, however, statutes substantially expanded the scope of federal and state regulation of private conduct, and this in turn prompted challenges by those affected by the regulatory legislation. Often these disputes over the interpretation and application of regulatory statutes have wound up in the courts. — G. Alan Tarr, Judicial Process and Judicial…, 2831

Categorization

• XREF: Explains the mechanism behind statutory interpretation as a core judicial function covered in the course.