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Thread: Notwithstanding any other provision of (the) law

  1. #1

    Notwithstanding any other provision of (the) law

    "Notwithstanding any other provision of law" - this language is very common in the US code. I think it basically means - we have no idea what's already in there, but here it is, a new regulation that overrides everything we already have put out there and could potentially be contradictory to the new law.

    Google produces 11,000 hits - https://www.google.com/search?q=site...vision+of+law"

    There are also a few hits on "Notwithstanding any other provision of the law" - https://www.google.com/search?q=site...on+of+the+law"

    Is this something to be concerned about?



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  3. #2
    Quote Originally Posted by timosman View Post
    "Notwithstanding any other provision of law" - this language is very common in the US code. I think it basically means - we have no idea what's already in there, but here it is, a new regulation that overrides everything we already have put out there and could potentially be contradictory to the new law.

    Google produces 11,000 hits - https://www.google.com/search?q=site:uscode.house.gov+"Notwithstanding+an y+other+provision+of+law"

    There are also a few hits on "Notwithstanding any other provision of the law" - https://www.google.com/search?q=site:uscode.house.gov+"Notwithstanding+an y+other+provision+of+the+law"

    Is this something to be concerned about?
    They are too lazy to do the research on what portions of the law they want repealed or amended, so they make the lawyers get more billable hours doing the research whenever a case goes to court.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  4. #3
    It sure must be interesting when you have two contradictory pieces of legislation and both include the "Notwithstanding any other provision of law" clause

  5. #4
    Quote Originally Posted by timosman View Post
    It sure must be interesting when you have two contradictory pieces of legislation and both include the "Notwithstanding any other provision of law" clause
    I would assume that the latest one overrules the earlier one, but it could make for some rather interesting legal arguments.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  6. #5
    Quote Originally Posted by Swordsmyth View Post
    I would assume that the latest one overrules the earlier one, but it could make for some rather interesting legal arguments.
    This means you can not interpret the US code without knowing the history of the code and the code history is pretty well hidden.

  7. #6
    Quote Originally Posted by timosman View Post
    This means you can not interpret the US code without knowing the history of the code and the code history is pretty well hidden.

    Cue the interesting arguments and the billable hours.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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