[AlexM]

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So by and large original intent is a mirage since we have no concrete record of what original intent was.

The only real record of original intent is found in the Constitutional Convention's Journal and the notes James Madison took on the debates.

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straw man argument.

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You are either ignorant, a fool or both.

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I mean the federalist and anti federalist papers are pretty much a lot of discussion.

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Were any of the Anti-Federalist Papers written by delegates to the Constitutional Convention? If not, then the anti-Federalist papers don't represent anyone's original intent. And furthermore the Constituion represents the majority opinion of the Federalists, not the Anti-Federalists. Anti-Federalists were in no position to explain the original intent of a docuement they didn't want to begin with.

And considering there were something like 56 delegates to the Convention and there are 39 signatures on the document, but only 3 men wrote the Federalist Papers (one of whom wasn't a delegate to the Convention), how can you honestly find original intent in the Federalist Papers?

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James Madison: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce."

Did Thomas Jefferson write any of the Federalist papers? No matter, for his view is quite clear also:

Thomas Jefferson: "Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated."

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John, his point, I believe, was how can the writings of three men be good enough to give us the intent of the majority of people present at the constitutional convention.


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Because that was their whole purpose was to represent the Constitutional Convention. If other delegates disagreed with what they were saying, they would have done so publicly and on record. Also, Madison wrote the damned thing.

This is like asking how our ambassador to the U.N. or X country can speak for our government.