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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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    [::..archive..::]
    ::

    :: Friday, June 04, 2004 ::
    Raoul Berger writes: "On traditional canons of interpretation, the intention of the framers being unmistakably expressed, that intention is as good as written into the text." Government by Judiciary 7 (1977).

    Wait a minute. If the intention really is "unmistakably expressed", then it is part of the text -- and in such a case, why talk about intent at all? As one who used to write speeches defending the "jurisprudence of original intent", let me suggest that legislative intent has no importance whatsoever when it conflicts with legislative text. This is because text is voted on, and intent is not.

    (As for those speeches, we became aware after a while that we should have been talking instead about a "jurisprudence of original meaning".)

    :: David M. Wagner 10:58 AM [+] ::
    ...

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