Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: donmeaker

“Unless you are very very good with Ouija board, original intent can no longer be determined. “ - DM

“Spoken like a true liberal/socialist/totalitarian.” - Triple

Your reply:
“Rather, written by one who recognizes that the only artifacts we have use language, and we have to look at the meaning of the language used, in the context of the times in which the language was written, as such meaning can be determined.” - DM

You have me there...hmmmm wait a minute. Oh, on second thought, your reply contains some fancy words, but makes absolutely no sense - further it does not support your previous assertion that original intent can not be determined.

Are you ok, DM?


341 posted on 07/20/2012 9:37:31 AM PDT by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
[ Post Reply | Private Reply | To 334 | View Replies ]


To: Triple

It may be a fine point, but I distinguish between intent and meaning, as do some other conservatives. Going after intent suggests that the words used may have a meaning that may have been an imperfect representation of the mental state of the writer(s), and that mental state should be the true guide to the law. By contrast, original meaning cuts off the search for the mental state different from the meaning of the words.

Original meaning implies that the constitution is more like a contract, and what ever the original parties wanted, what we got is the constitution, and that guides and restricts future judges.

Hope that helps.


342 posted on 07/20/2012 3:35:59 PM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
[ Post Reply | Private Reply | To 341 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson