868
MACHINES CORP.
Kennedy, J., dissenting
Terrazas, 444 U. S. 252, 258, n. 5 (1980). It is before us and should be decided. See this Court's Rule 14.1(a) ("The statement of any question presented will be deemed to comprise every subsidiary question fairly included therein").
To give Congress the respect it is owed, we must decide whether the statute is in fact unconstitutional as applied, not make the borderline call that the Government's litigation position bars us from reaching a question which, as the Court seems to agree, is presented by the case. In interpreting statutes, for example, we have long observed "[t]he elementary rule . . . that every reasonable construction must be resorted to, in order to save a statute from unconstitutionality." Hooper v. California, 155 U. S. 648, 657 (1895). See also United States ex rel. Attorney General v. Delaware & Hudson Co., 213 U. S. 366, 408 (1909) ("[W]here a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is to adopt the latter"); Murray v. Schooner Charming Betsy, 2 Cranch 64, 118 (1804).
"This approach not only reflects the prudential concern that constitutional issues not be needlessly confronted, but also recognizes that Congress, like this Court, is bound by and swears an oath to uphold the Constitution. The courts will therefore not lightly assume that Congress intended to infringe constitutionally protected liberties or usurp power constitutionally forbidden it." Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Constr. Trades Council, 485 U. S. 568, 575 (1988).
We have not considered ourselves foreclosed from adopting saving constructions the parties failed to suggest. See, e. g., Panama R. Co. v. Johnson, 264 U. S. 375, 389-391 (1924) (interpreting Jones Act to allow action to be brought in admiralty); cf. Brief for Plaintiff-in-Error 9-22 and Brief for
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