Abstract

http://ssrn.com/abstract=1088351
 
 

Citations (2)



 
 

Footnotes (388)



 


 



The Founders' Hermeneutic: The Real Original Understanding of Original Intent


Robert G. Natelson


The Independence Institute; Montana Policy Institute


Ohio State Law Journal, Vol. 68, No. 5, 2007

Abstract:     
This Article addresses whether the American Founders expected evidence of their own subjective views to guide future interpretation of the U.S. Constitution. The Article considers a range of evidence largely overlooked or misunderstood in earlier studies, such as contemporaneous rules of legal interpretation, judicial use of legislative history, earlier American public debate, and pronouncements by state ratifying conventions. Based on this evidence, the Article concludes that the Founders were original-understanding originalists. This means that they anticipated that constitutional interpretation would be guided by the subjective understanding of the ratifiers when such understanding was coherent and recoverable and, otherwise, by the Constitution's original public meaning.

Number of Pages in PDF File: 67

Keywords: constitution, interpretation, constitutional law, constitutional history, original meaning, original intent, original understanding, founders

JEL Classification: k10,k19,k30,k39,k40

Accepted Paper Series


Download This Paper

Date posted: January 31, 2008  

Suggested Citation

Natelson, Robert G., The Founders' Hermeneutic: The Real Original Understanding of Original Intent. Ohio State Law Journal, Vol. 68, No. 5, 2007. Available at SSRN: http://ssrn.com/abstract=1088351

Contact Information

Robert G. Natelson (Contact Author)
The Independence Institute ( email )
727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)
HOME PAGE: http://constitution.i2i.org
Montana Policy Institute ( email )
67 W Kagy Blvd Ste. B
Bozeman, MT 59715
United States
Feedback to SSRN


Paper statistics
Abstract Views: 902
Downloads: 182
Download Rank: 95,043
Citations:  2
Footnotes:  388

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.328 seconds