SSN Policy Manual

What Does That Mean

The word shall is a key word in many statutes, leading many readers to assume that it has a similar meaning to the word must. However, based upon the above "telephone logic," most of you are probably thinking that the word shall might actually be similar to the word may or the word should. When we examine the following five court rulings, we begin to understand that it really does mean may in most cases: The word "shall" in a statute may be construed to mean "may" particularlyon the order to avoid constitutional doubt. Fort HowardPaper Co. v. Fox River Heights Sanitay District, 26 NW 2nd 661. If necessary, to avoid unconstitutionalityof a statute, "shall" will be deemed equivalent to "may". Gow V. ConsolidatedCoppermines Corporation, 165 AT. 1 36. "Shall" in a statute may be construed to mean "may" to avoid constitutional doubt. George Williams College v. Village of Williams Bay, 7 NW2nd 891. As against the government, the word "shall" when used in statutes is to be construed as "may", unless a contrary intentionis manifest. Cairo and Fulton R.R. Co. v. Hecht, 95 US. 168. The word "shall" in a statute may be construed as "may" where the connection in which it is used or the relation to which it is put with other parts of the same statute indicates that the legislature intended that it should receive such construction. Ballou v. Kemp, 92 F. 2nd 556. It is the opinion of the courts that if a statute specifies that a certain act shall be done, and there is a question about whether or not it would be constitutional for the act to be mandatory, then the word shall takes on the permissive meaning rather than the mandatory one. The First Amendment of the Constitution of the United States protects the freedom of speech and of the press. You should understand that the freedom to speak, also involves the freedom not to speak. If you do not have the right not to speak, (i.e., - if the government could compel you to speak) then you have no freedom of speech. Since this might extends to printed and written materials, you have a First Amendment Right not to fill out government forms and not to give the government information. Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The Fourth Amendment of the Constitution of the United States protects your privacy. You have a Fourth Amendment protected Right to keep your personal financial affairs private, and not to voluntarily give that information to the government. The Fourth Amendment provides that if the government wants to examine your books and records, a court order must be obtained. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.