Originalism is a topic that requires its own fully-developed post, and one which I think I’ll address in the coming days, but I saw this quote this morning which I wanted to share. There’s an important distinction to be made between “original intent” and “original meaning” but suffice it to say for now that one is more geared towards understanding history and government, and one is more geared to understanding the law.
Thomas Jefferson, 3rd POTUS
I’ve read a few quotes from our third President, Thomas Jefferson, that all essentially assert a similar sentiment on this topic. I find it endlessly interesting that while the Founder’s era was as partisan as it is today, they all agreed on the purpose of government and the division of powers among the spheres. When it came to understanding the law, Jefferson noted, in a letter written in 1808:
“[T]he true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law.” (emphasis mine)
The political and governmental paradigm of the founding generation – one in which partisan disagreements were numerous, but agreement on principles were universal – is remarkable to contemplate and a goal worthy of working towards.
