Old soil argument

Definition

An interpretive approach arguing that when Congress uses a legal term with an established meaning in existing law (the 'old soil'), it incorporates that established meaning into the new statute. The party making this argument bears the burden of showing the meaning was well-settled.

Examples

• •Cook argued that 'for cause' carried a well-established common law meaning requiring notice and a hearing, which Congress incorporated when it used the term in the Federal Reserve Act.

Related Terms