On
every question of construction carry ourselves back to the time when
the Constitution was adopted, recollect the spirit manifested in the
debates and instead of trying what meaning may be squeezed out of the
text or invented against it, conform to to the probable one in which
it was passed."
[Please specially note that the term "trying"
was used as in "boiling down" something (eg
Whale blubber or the Constitution) to obtain what the actors
wish (eg Whale oil or perverse decisions by judges
"making law from the bench"; About which please see the
novel Moby Dick.]
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