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5297Definition of "include"

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  • jeb@runbox.com
    Feb 1, 2004
      On Tue January 13 2004 07:15, Mark Ferran wrote:
      It is intellectually DISHONEST to assume that the word "include" is equivalent
      to "excluding all things other than" or equivalent to "exclusively defined

      Black's Law Dictionary:

      "Include. (Lat. Inclaudere, to shut in. keep within.) To confine within, hold
      as an inclosure. Take in, attain, shut up, contain, inclose, comprise,
      comprehend, embrace, involve. Term may, according to context, express an
      enlargement and have the meaning of and or in addition to, or merely specify
      a particular thing already included within general words theretofore used.
      "Including" within statute is interpreted as a word of enlargement or of
      illustrative application as well as a word of limitation. Premier Products
      Co. v. Cameron, 240 Or. 123, 400 P.2d 227, 228."
      Sixth Edition, page 763

      Here's another take on it from:

      "...it is instructive to examine another definition of "State" in those
      sections of the IRC which concern Social Security. At IRC 3121(e), we find
      the following definition:

      The term "State" includes the District of Columbia, the Commonwealth of Puerto
      Rico, the Virgin Islands, Guam, and American Samoa.

      A now famous letter from Congresswoman Barbara Kennelly provides us with very
      valuable insights into the meaning of the term "State" as defined by IRC
      3121(e). After receiving an inquiry from an American Citizen, she referred
      his inquiry to experts in the offices of the Legislative Counsel and the
      Congressional Research Service. Both offices responded by confirming that
      IRC section 3121(e) actually limits the meaning of "State" to each of the
      places mentioned, and it does not also define "State" to embrace any of the
      50 States of the Union in addition to those places that are mentioned."

      I recommend a thorough reading of Paul Mitchell's memo for the details,
      analyses and links, not least for evidence of deliberate attempts by
      "law-makers" to mislead the public.

      My compliments to Paul Mitchell for his work.