Controversial Books | Page 487

Principles of Statutory Construction 465 or controversy is the essence of the judicial power, and thus beyond the reach of both Congress and President. Accordingly, it is up to the judges themselves to develop and adopt their own rules of interpretation, just as members of Congress are free to adopt their own rules of legislative procedure (about which the Constitution is also silent). It should not be concluded from this observation, however, that judges are given free rein under the Constitution to interpret it as they please. If this were the case, they might substitute their own intentions for those of the people, as expressed in the Constitution, and interpret the Constitution out of existence. A more accurate and reliable reading of the Constitution and the Convention debates suggests that the Framers assumed that the judges would interpret the Constitution according to established principles of Anglo-American law. Principles of Statutory Construction What are these established rules or principles of interpretation, and where might a judge turn for guidance? In 1789, when the Federal Judiciary was first organized, he would have first turned to the writings of the English jurists, especially Coke and Blackstone, and possibly also to the writings of the international law jurists of Europe, such as Jean Jacques Burlamaqui, Emerich Vattel, and Hugo Grotius. Over the centuries, the English jurists had developed coherent, well-defined principles of construction for interpreting acts of Parliament, and the international law jurists had likewise established rules for interpreting treaties among foreign nations. There was no body of legal literature to which American judges might turn for guidance for the interpretation of a constitution, however, because written constitutions were unprecedented. Hence the members of the new Federal judici