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Lawyers, historians, and originalism

I see an interesting discussion on the subject, between Seth Tillman (National University of Ireland) and Mike Rappaport (U of San Diego).

Another consideration is functional: a historian can afford to (indeed, usually delights in it) finding that an event or what motivated the actors is complex. A court cannot answer "the intent of Congress/the Framers is here so complex -- some of them intended one results, others another, and many had no understanding that we can find -- so we cannot construe these words."