[20220329]LSB10719_宪法分析的模式：宪法回避原则（第9部分）.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Modes of Constitutional Analysis: The Constitutional Avoidance Doctrine (Part 9) March 29, 2022 This Legal Sidebar Post is the last in a nine-part series that discusses certain “methods” or “modes” of analysis that the Supreme Court has used to interpret provisions of the Constitution. This ninth essay provides an overview of the Constitutional Avoidance Doctrine, which is a set of rules the Supreme Court has developed to guide federal court dispositions of cases that raise constitutional questions. Because the Constitutional Avoidance Doctrine informs how the Court is likely to resolve disputes involving the constitutionality of laws, understanding the Constitutional Avoidance Doctrine may assist Congress in its legislative activities. (Additional background on this topic is available in the Constitution of the United States of America, Analysis and Interpretation, CRS Report R45129, Modes of Constitutional Interpretation, and CRS Report R43706, The Doctrine of Constitutional Avoidance: A Legal Overview.) The fundamental principle of the Constitutional Avoidance Doctrine is that fed