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Is it possible to consult notes, arguments, and drafts made when Congress was working to create and negotiate the law? To learn more about the intent and thus
by ThinkBeat 3y ago
Is it possible to consult notes, arguments, and drafts
made when Congress was working to create and negotiate
the law?
To learn more about the intent and thus how the law
should be interpreted?
Will SCOTUS do this?
- gnicholas 3y agoThis could happen, but the courts have become more textualist in recent decades. When I was in law school in the aughts, we learned about legislative intent. I imagine current law school students are taught about it, but told that it is disfavored, and only used as an argument of last resort.
- qingcharles 3y agoUsually a high court will refer to the recorded texts of legislative debates to help guide them in situations like this. But it might not have ever come up on the record.