 Understanding Original Intent
“The Founders’ hermeneutic—how they expected the Constitution to be construed—rested on the text, of course, but also on the subjective understanding of the ratifiers. Where subjective understanding was not retrievable, the preferred substitute was original public meaning.” “The founding generation inherited this view from Anglo-American jurisprudence, which treated “intent of the makers”—subjective intent, where recoverable—as the ultimate guide for statutory construction. Judges and lawyers sought that intent from the text and from a wide range of extrinsic evidence, including legislative history. The records from the Ratification Era richly confirm American acceptance of this approach to constitutional interpretation.” - The Founders’ Hermeneutic: The Real Original Understanding of Original Intent Ohio State Law Journal Vol. 68 (2007) |
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