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Chapter 607 Statutes & Constitution View Statutes Online  Form

Chapter 607 Statutes & Constitution View Statutes Online Form

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Opponents of Originalism often cite this 1985 article by H. Jefferson Powell showing that the Founders did not intend for their intentions to govern. In other words, the Founders weren't themselves originalists and so originalism is self-defeating. But all H. Jefferson Powell shows in this article is that the Founders didn't intend for, well, their intentions to govern. But originalism is about discerning the original public meaning of the text, not about giving legal effect to the secret intentions of the Founding Fathers. And the way we figure out what the Constitution says is the same way we figure out what any instruction intended for a public audience says. So this could be a recipe for fried chicken that you find in your grandmother's attic that's dated from 1789. It could be any instruction intended for a public audience. We interpret those instructions with their public meanings, not with secret meanings, and with the meanings they had at the tim

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