The Textual Constitution and the Origins of Original Intent
Scholarly work on the print culture of the Eighteenth century American colonies has cast light on the importance of the medium of print to the development of the public sphere. Indeed, it has been argued that the strength of the US Constitution at the time of its creation was due in no small part to its printed, and therefore impersonal, nature. However in our contemporary era the understanding of the Constitution as the product of a select group of framers is ubiquitous. This paper seeks to examine the evolution of constitutional interpretation over three distinct points within the early Republic in order to suggest that the idea of framer intent had gained widespread acceptance within popular debate by as early as the 1810s. Looking to newspaper debates in 1790-91, 1800-01, & 1810-11, it argues that over this period constitutional interpretation moved from a textual focus to one in which the intentions of the framers were central
Year of publication: |
2010
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Authors: | Gilhooley, Simon |
Publisher: |
[2010]: [S.l.] : SSRN |
Subject: | Herkunftsbezeichnung | Designation of origin | Verfassung | Constitution | Verfassungsökonomik | Constitutional economics |
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