Other considerations

Question 1

Legislative intent

Answer 1

Purpose or objective lawmakers sought to achieve

Question 2

Legislative history

Answer 2

history of the bill like committee reports, or sponsor statements that offer well-informed view of factual legal or policy context

Question 3

Congress action in changing law

Answer 3

Are they doing anything to change the interpretation?

Question 4

Congressional Acquiescence

Answer 4

action in not changing law

(Weak) Are they not doing anything since they like the interpretation?

Question 5

Federalism clear statement rule

Answer 5

must clearly state in the statute Congress can do this. Clear statement from feds to regulate traditional state activities

Question 6

Clear statement for feds to abrogate state immunity from lawsuit (11th amendment)

Answer 6

states have immunity from lawsuits of citizens, courts must see clear statement in statute to eliminate immunity