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« Prof. Nick Johnson's new book | Main | Proposed changes to Form 4s »

Lawyers, historians, and originalism

Posted by David Hardy · 23 August 2013 01:26 PM

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."

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