7 - The Framers’ Intentions Can Solve the Semantic Summing Problem

Summary

This chapter demonstrates how seeking the Framers’ intentions by reviewing the debates and drafting history leading to the final versions of the Constitution can resolve the semantic summing problem in the case of two highly contested and frequently litigated clauses: the tax clauses and the Establishment Clause. In doing so, it shows how, in practice, a search for the Framers’ intentions – that is, the end–means policy choices they made – can be done in light of the nature of the documentary record, and how it can resolve otherwise difficult interpretive tasks for which public meaning approaches are inadequate. In these cases, there is also evidence that the Framers’ understandings were known to the ratifiers and the public, and thus point to the meanings that were likely to have been understood by the those groups as well.