Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-23T00:17:04.362Z Has data issue: false hasContentIssue false

5 - The Semantic Summing Problem

Published online by Cambridge University Press:  26 January 2021

Donald L. Drakeman
Affiliation:
University of Notre Dame, Indiana
Get access

Summary

To determine the “will of the legislator,” William Blackstone pointed to “signs” of those intentions, the first of which is the words understood in their usual sense. This chapter will show the degree to which the words, even in context, have the potential to leave many important constitutional issues unresolved, hence the need for other evidence of the will of the lawmaker. In particular, this chapter will show that the “summing problem,” which has most often been associated with the difficulty of determining a single intention of the Framers, is matched by its semantic equivalent: the fact that the evidence of objective public meaning can lead to multiple potential meanings. To describe the problem, the chapter analyzes two clauses that have generated a great deal of litigation and interpretive controversy – the tax clauses and the Establishment Clause. In each case, there are multiple equally strong candidates for the objective public meanings of the words.

Type
Chapter
Information
The Hollow Core of Constitutional Theory
Why We Need the Framers
, pp. 97 - 114
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×