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Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd
Marshall V Madison: The Supreme Court And Original Intent, 1803-1835, Gordon Lloyd
School of Public Policy Working Papers
Should the justices of the Supreme Court rely on “original intent” as the foundation for constitutional interpretation? Or should they be free to interpret the Constitution in light of hermeneutical approaches created by current philosophies of law? This essay examines the Marshall Court to determine whether its opinions take their bearings from the American Founding or instead rely on a philosophy of jurisprudence that can be separated from the Founding. The purposes of this essay are fourfold: 1) to provide a comprehensive account of the use of the Framers by the Marshall Court, 2) address the normative question of the …