The Secret Meaning of Intent

Abstract:     
At the Supreme Court (and elsewhere) there has long been a wide range of views about the proper way to go about interpreting statutes. From time to time, some of those views are blessed with knowledgeable, articulate, and outgoing proponents. These days the debate is perhaps most vigorous, and certainly most entertaining, between Justice Antonin "Plain Meaning" Scalia and Justice Stephen "Legislative Intent" Breyer. Almost a century ago, the debaters were Justices William R. Day and Joseph McKenna, but with a twist: in one important case they were joined in the debate (in secret) by Congressman James R. Mann, who had some secret legislative history of his own to share.

Number of Pages in PDF File: 6

Keywords: ambiguous, Caminetti, committee, Congress, Conroy v. Aniskoff, Brown v. Allen, Copyright Act, Costco v. Omega, democracy, House of Representatives, immoral purpose, legislative history, ordinary meaning, Robert Jackson, Senate, White Slave Traffic, William Brennan

JEL Classification: K2, K21, K23, K40

working papers series