Words allow us to communicate intent and meaning to each other. We describe, persuade, encourage, reprimand, and praise. The ability to communicate through words is essential to any political order like our own, which is based on the rule of law.
Hansen swindled more than 450 immigrants of nearly $2 million with false claims that he could procure them American citizenship. In addition to charging him for fraud, the government also accused Hansen of violating an immigration law which prohibits persons from"encourag[ing] or induc[ing]" illegal immigration. Hansen challenged this latter charge.
While we may use the word"trial" to mean any difficult circumstance, the word in legal texts normally intends a specific context and set of procedures related to determining guilt and innocence. Here,"encourage or induce" might only prohibit soliciting or facilitating illegal conduct. Barrett argued that the words"encourage or induce" in this law intended the more narrow, technical meaning.
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