Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Arthur McGowan
The “intent” of the authors of the amendment is not relevant. What is relevant is the WORDS.

That method of interpretation is call "textualism". It allows the person interpreting it to attribute to the words any one of a various meanings they might have, or come to have in modern lexicon. It makes no attempt to determine the original intent of the authors.

"On every question of construction, let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."

-Thomas Jefferson

I see no reason that should apply any less to any subsequent amendments than it does to the Constitution proper.

You can declare the "intent" of the authors irrelevant if you want. I won't follow you there, or anywhere else by that path.

182 posted on 07/28/2011 3:58:14 AM PDT by tacticalogic
[ Post Reply | Private Reply | To 49 | View Replies ]


To: tacticalogic

In 1865, the meanings of the words “former slave,” “negro,” and “person” were precisely what they are today.

The authors of the amendment wrote “person.”

The “intent” I said was irrelevant was the supposed intent to protect the rights of ONLY former slaves or negroes. That may have been the primary purpose of the Fourteenth Amendment, but the word “person” was chosen, not “former slave” or “negro.”


239 posted on 07/29/2011 3:25:27 AM PDT by Arthur McGowan (In Edward Kennedy's America, federal funding of brothels is a right, not a privilege.)
[ Post Reply | Private Reply | To 182 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson