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

To: DiogenesLamp

“The fact that the court intentionally ignored the Debates on the 14th amendment, and the Civil rights act of 1866...”

This is normal for a court. They are less concerned about what was proposed, and more concerned with what was passed. Courts resort to ‘legislative intent’ when they have no other options, because it is very hard to figure out years later why a majority voted for some wording. The debate is often more about scoring political points with constituents than it is with what passed, or why.

The WKA ruling discusses the Founder’s original intent for NBC by reviewing what it meant at the time it was written, and passed without debate. When they go on to the 14th Amendment, they did what every court does, and looked at the wording that passed.


195 posted on 05/07/2013 8:51:33 AM PDT by Mr Rogers (Liberals are like locusts...)
[ Post Reply | Private Reply | To 182 | View Replies ]


To: Mr Rogers
This is normal for a court. They are less concerned about what was proposed, and more concerned with what was passed. Courts resort to ‘legislative intent’ when they have no other options, because it is very hard to figure out years later why a majority voted for some wording. The debate is often more about scoring political points with constituents than it is with what passed, or why.

Your argument contradicts that of Justice Black in Duncan v Louisiana. I will further point out that he is SPECIFICALLY discussing the 14th amendment.

Professor Fairman's "history" relies very heavily on what was not said in the state legislatures that passed on the Fourteenth Amendment. Instead of relying on this kind of negative pregnant, my legislative experience has convinced me that it is far wiser to rely on what was said, and, most importantly, said by the men who actually sponsored the Amendment in the Congress. I know from my years in the United States Senate that it is to men like Congressman Bingham, who steered the Amendment through the House, and Senator Howard, who introduced it in the Senate, that members of Congress look when they seek the real meaning of what is being offered. And they vote for or against a bill based on what the sponsors of that bill and those who oppose it tell them it means.

197 posted on 05/07/2013 10:36:20 AM PDT by DiogenesLamp (Partus Sequitur Patrem)
[ Post Reply | Private Reply | To 195 | 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