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To: tacticalogic
I thought you might go there. Okay. Another Scalia-like view point.

As I have explained elsewhere, "original meaning" refers to the meaning a reasonable speaker of English would have attached to the words, phrases, sentences, etc. at the time the particular provision was adopted. It is originalist because it disregards any change to that meaning that may have occurred in the intervening years. It is objective insofar as it looks to the public meaning conveyed by the words used in the Constitution, rather than to the subjective intentions of its framers or ratifiers. By contrast, "original intent" refers to the goals, objectives, or purposes of those who wrote or ratified the text. These intentions could have been publicly known--or hidden behind a veil of secrecy. They could and indeed were likely to be in conflict.

- Randy E. Barnett, University of Chicago Law Review - Winter, 2001

718 posted on 11/08/2005 5:25:02 PM PST by Reagan Man (Secure our borders;punish employers who hire illegals;stop all welfare to illegals)
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To: Reagan Man

An interesting point, considering that Barnett argued the Raisch case.


719 posted on 11/08/2005 5:34:44 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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