...agencies must recognize the longstanding and elementary principle of US statutory construction that "an act of Congress ought never to be construed to...nations if any other possible construction remains." Murray v. Schooner Charming Betsy, 6 US (2 Cranch) 64, 118 (1804). While international obligations...

...Court applies to statutory construction involving an obligation under an international treaty, to wit, "an act of Congress ought never to be construed to...nations, if any other possible construction remains. . . ." 141 ) The DeBartolo 142 case provides the ideal model for disposition of the First Amendment...

...opinion of the US Supreme Court in Murray v. the Charming Betsey, delivered by C. J . Marshall : ' ' An act of Congress ' ' ought never to be construed...nations if "any other possible construction remains :" 2 Cranch, 118.] This conclusion was not reached without much anxiety, for the court was marching...

...accepted the US submission that: "1n US law, it is an elementary principle of statutory construction that 'an act of Congress ought never to be construed to...nations if any other possible construction remains.' Murray v. Schooner Charming Betsy, 6 US (2 Cranch) 64, 1 18 (1804). While international obligations...

...interpret the Constitution. The primary reason for this is the famous Charming Betsy canon, which provides: "an act of Congress ought never to be construed to...law of nations if any other possible construction remains."11 According to one scholar, "the interpretive role of international law, as reflected in...

...would inevitably ensue.31 This we cannot do. See McCulloch, 372 US at 21, 83 S Ct 671 (1963) C"[A]n act of congress ought never to be construed to violate...nations if any other possible construction remains'" (quoting Murray v. The Charming Betsy, 6 US (2 Cranch) 64, 2 L Ed 208 (1804))). We are not suggesting...

...agencies must recognize the longstanding and elementary principle of US statutory construction that "an act of Congress ought never to be construed to...law of nations if any other possible construction remains".28 While international obligations cannot override inconsistent requirements of domestic law,...

...threat of torture. 38 32 ¿ Murray v. The Charming Betsy, 6 US (2 Cranch) 64, 118 (1804) (a statute “ought never to be construed to violate the law...nations, if any other possible construction remains”). See also United States v. PLO. , 695 F. Supp. 1456, 1468 (SDNY 1988) (noting “the lengths to which...

...degrading treatment " See Murray v. The Charming Betsy, 6 US (2 Crunch) 64, 1 1 8 (1 804) (a statute "ought never to be construed to violate the law of...nations, if any other possible construction remains"). See also United States v. PLO, 695 F. Supp. 1456, 1468 (SDNY 1 988) (noting "the lengths to which our...

...legislation which mandates WTOinconsistent action can itself be WTO-inconsistent62 and that under US law, "an act of Congress ought never to be construed to...nations if any other possible construction remains" (Charming Betsy doctrine).63 Japan considered that the 1916 Act was mandatory: if the court finds that...