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To: inquest
Fine. Then please tell me the significance of "original intent" (other than historical curiosity) if it doesn't restrict the meaning.

This is, what, the fifth time I've asked?

347 posted on 11/06/2005 11:50:32 AM PST by robertpaulsen
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To: robertpaulsen
Then please tell me the significance of "original intent" (other than historical curiosity) if it doesn't restrict the meaning.

If the original intent is for a clause to have a restrictive meaning, then it likely has a restrictive meaning. If its original intent is to have an expansive meaning, then it likely has an expansive meaning.

Generally speaking, the original intent of the Bill of Rights is to have a relatively expansive meaning (the 9th amendment helps make this clear), and the original intent of the powers granted to the federal government is to have a relatively restricted meaning (as Madison said, "few and defined") (also, see the 10th amendment).

359 posted on 11/06/2005 12:16:32 PM PST by inquest (FTAA delenda est)
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