Of course, the argument to sustain the contention is that, if the statute embraces cases such as are supposed, it is void as to them, and, if so void, is void in toto.
And, if the statute embraces a claim of such a character, there could not have been any valid transfer or assignment of it in advance of its allowance, which could have been made the basis of a suit by the assignee against the United States, or which would compel the government to recognize the transfer or assignment.
If ambiguity exists, however, then a court must defer to the agency's interpretation of the statutory text as long as that construction is "based on a permissible construction of the statute". Embraced by justices on both sides of the ideological spectrum, Chevron has become a lynchpin of modern regulatory law.
In Hoffman v. United States, the Supreme Court explained that the constitutional protection "not only extends to answers that would in themselves support a conviction under a federal criminal statute, but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant for a federal crime".
The privilege afforded not only extends to answers that would in themselves support a conviction under a federal criminal statute but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant for a federal crime.
Of course, it is hardly uncommon for the law to mistake points on a continuum for separate categories, and the "common-law" label may serve as an easy — if mildly inaccurate — shorthand for the group of statutes that actively embrace lawmaking by courts.
'This restrictive view of the application of § 2281 is more consistent with a discriminating reading of the statute itself than is the first and more embracing interpretation.
First, it is said that the court below, in applying the statute, has caused it to embrace a class of employees which the statute did not include, and thereby gave it a wrongful construction, in violation of the full faith and credit clause of the Constitution of the United States.
If the first position be the true one, then Vermont, in attempting to punish the defendant, assumed to punish him for an exterritorial offense by her statute, or to apply her statute to an offense not embraced by its terms.
