We rejected the plaintiff's argument that state law governs a motion to transfer venue pursuant to a forum-selection clause, concluding instead that "federal law, specifically 28 U.S.C. § 1404(a), governs the District Court's decision whether to give effect to the parties' forum-selection clause". Id., at 32, 108 S.Ct.
Whether enforcing an agreement to arbitrate or construing an arbitration clause, courts and arbitrators must "give effect to the [parties'] contractual rights and expectations". Ibid.
He wrote, "Under this rule of construction the residual clause should be read to give effect to the terms 'seamen' and 'railroad employees,' and should itself be controlled and defined by reference to the enumerated categories of workers which are recited just before it; the interpretation of the clause pressed by respondent fails to produce these results".
But it is no more anomalous to give effect to the term "impairment" and deny a claimant protection under the Contract Clause when new duties are created than it is to give effect to the Clause's inapplicability to acts of the National Government and deny a Contract Clause remedy when an Act of Congress denies a creditor the ability to enforce a contract right to payment.
If they should be about to pass a law in consequence of this clause, they must pursue some of the delegated powers, but can by no means depart from them, or arrogate any new powers; for the plain language of the clause is, to give them power to pass laws in order to give effect to the delegated powers.
Such a construction of the clause gives effect to it, denies effect to no other words or provisions in the statute, and is in strict harmony with every part.
Here, respondents encounter a superfluity problem when they argue that the "addressed and dispatched" clause in §1608(a)(3) gives effect to the Mullane due process standard.
2120, 150 L.Ed.200151 (2001) ("It is our duty to give effect, if possible, to every clause and word of a statute" (internal quotation marks omitted)).
But to do this, a court must violate the established principle "that a court should give effect, if possible, to every clause and word of a statute". Feist, 499 U.S. at 358.
See Duncan v. Walker, 533 U.S. 167, 174 (2001) (stating that in statutory interpretation, courts should "give effect, if possible, to every clause and word of a statute").
