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The Case for Original Intent

Greene, Jamal

This essay, written for a symposium celebrating the centennial of Max Farrand's Records of the Federal Convention, seeks to situate the constitutional culture's heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The essay argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because they supply evidence of original meaning but rather because the practice of advancing historical arguments is best understood as a rhetorical exercise that derives persuasive authority from the heroic character of the founding generation. This exercise fits within a long tradition of originalist argument and need not be abandoned in the quest for a more perfect originalism.

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More About This Work

Academic Units
Law
Series
Columbia Public Law and Legal Theory Working Papers, 12-309
Published Here
June 2, 2015
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