Swallows Holding, Ltd. - Page 124

                                        -80-                                          
               Moreover, apart from the previously mentioned differences,             
          the Court in Natl. Cable & Telecomm. Association v. Brand X                 
          Internet Servs., supra, stated that regulatory interpretations              
          do not prevail over a contrary previous judicial interpretation             
          when the judicial tribunal referred to the interpreted statute              
          as unambiguous.  Although the judicial tribunals in Ardbern Co.             
          v. Commissioner, 120 F.2d 424 (4th Cir. 1941), Blenheim Co. v.              
          Commissioner, 125 F.2d 906 (4th Cir. 1942), and Anglo-Am. Direct            
          Tea Trading Co. v. Commissioner, supra, did not state explicitly            
          that they were applying the unambiguous meaning of the word                 
          “manner”, we believe that they did so, given their analysis and             
          the fact that their interpretation of that word was purely one              
          of statutory construction that resulted from the employment of              
          traditional tools of statutory construction.  “It is                        
          emphatically, the province and duty of the judicial department              
          to say what the law is”, Marbury v. Madison, 5 U.S. 137, 177                
          (1803), and “If a court, employing traditional tools of                     
          statutory construction, ascertains that Congress had an                     
          intention on the precise question at issue, that intention is               
          the law and must be given effect”, Chevron U.S.A., Inc. v.                  
          Natural Res. Def. Council, Inc., 467 U.S. at 843 n.9; see also              
          INS v. Cardoza-Fonseca, 480 U.S. 421, 432 (1987).  Moreover,                
          where “the only or principal dispute relates to the meaning of              
          the statutory term, the controversy must ultimately be resolved,            






Page:  Previous  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  Next

Last modified: May 25, 2011