To: AmericanVictory
I'm not AmericanVictory, but intent certainly does not have to play a role. In fact, the dominant strand of originalism, original meaning, does not care about intent whatsoever.
To: Abd al-Rahiim
I don’t think that there is a case that says that the intent of the framers is of no consequence in ascertaining what is meant in a constitutional phrase. There is no “plain meaning” rule with regard to the Constitution as there is with regard to statutes. By contrast there a innumerable decisions delving into what the intent of the Framers was.
104 posted on
04/30/2011 9:30:13 PM PDT by
AmericanVictory
(Should we be more like them or they more like we used to be?)
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