Practice
An Originalist inquiry into the original meaning of the Constitution is able to cast a much broader net than an inquiry into the original intent.
Originalists of all stripes cite the Federalist Papers. It is fairly tenuous to suggest that this represents a good source for the original intent - after all, Alexander Hamilton, who wrote the majority of those essays, was absent for the greater part of the Philadelphia Convention, and John Jay did not attend it at all. However, James Madison, the principle framer of the Constitution also wrote a substantial amount of the federalist papers. And to suggest Hamilton and Jay's absence from the convention implies their ignorance as to the Constitution's original meaning is demeaning to those two men and inaccurate. The collected anti-Federalist papers, of course, will be no use at all to a person searching for the original intent of the framers. But as evidence of how a reasonable person at the time would have understood the words of the Constitution, the Federalist Papers and the antifederalist essays are evidence of direct relevance.
Likewise, neither John Adams nor Thomas Jefferson attended the Convention, and thus two of the most prolific writers of the founding era are necessarily excluded (or, at best, abstracted) from an original-intent inquiry. Because they were reasonable contemporaries of the Framers, their writings are informative to discussions of the text's original meaning.
One of the primary virtues of original meaning over original intent is that the original meaning is a fairly discernible thing, while the original intent is nebulous and uncertain. This is well-illustrated by the use of dictionaries. Even out the playing field contemporaneous dictionaries are of dubious value to an original intent inquiry, but of high value to an original meaning inquiry: we can establish what the words the Framers chose meant, but that is not necessarily conclusive as to what they intended to say (consider for example, the law of unintended consequences).
Read more about this topic: Original Meaning
Famous quotes containing the word practice:
“It has always been my practice to cast a long paragraph in a single mould, to try it by my ear, to deposit it in my memory, but to suspend the action of the pen till I had given the last polish to my work.”
—Edward Gibbon (1737–1794)
“It is not always possible to predict the response of a doting Jewish mother. Witness the occasion on which the late piano virtuoso Oscar Levant telephoned his mother with some important news. He had proposed to his beloved and been accepted. Replied Mother Levant: “Good, Oscar, I’m happy to hear it. But did you practice today?””
—Liz Smith (20th century)
“Indubitably, Magick is one of the subtlest and most difficult of the sciences and arts. There is more opportunity for errors of comprehension, judgement and practice than in any other branch of physics.”
—Aleister Crowley (1875–1947)