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Spirit - Penn Law Review
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Spirit - Penn Law Review
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation also required the consideration of purpose, reason, and intent—what he and many others called “spirit.” This Article makes several contributions. First, spirit was a potent factor, for it not only helped resolve textual ambiguities, it also could trump the letter of the law. Specifically, spirit could extend the meaning…
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