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Concerning the correct approach to statutory interpretation , he argues that in difficult cases the “ purpose based approach ” requires justices to analyze the matter from the point of view of a “ ‘ reasonable member of Congress ’ ” and to ask how he or she “ would have wanted a court to interpret the statute in light of present circumstances in the particular case ” ( italics in the original ) . Relying on this holding , the State argues that because separate proceedings were not intended under K.S.A . NATO argues that since actual control of nuclear weapons would only be transferred after the outbreak of war , and that the NPT is no longer in force during a war , that these arrangements are legal . Citing another Nobel laureate , economist Friedrich Hayek , he argues that if free choice is valuable in its own right , people should be given the right to hold their savings wherever in the world they choose . " And he argues that if free speech is essential to self-governance in ordinary times , it is even more critical in wartime , as one of its chief functions is " to help the nation make wise decisions about how to conduct the war " and " whether its leaders are leading well . The author argues that if effective interventions are to designed , more sophisticated research will be needed to understand sexual negotiation strategies between spouses ; issues related to domestic violence and sexual coercion ; and sexual practices of men who have sex with men .