Gregory E. Maggs · November 2012
80 GEO. WASH. L. REV. 1707 (2012)
Judges, lawyers, scholars, and others often cite the records of the Federal Constitutional Convention of 1787 as a source of the original meaning of the Constitution. This Article provides guidance regarding this practice. The Article describes the Convention and the records of the proceedings. The Article next explains, with examples, how these records might supply evidence of the original meaning of the Constitution. Finally, the Article considers six common grounds for impeaching claims about the original meaning that rely on the records of the Convention. While each of the six grounds has some merit, each is also subject to limitation and counterargument. The author recommends that anyone making claims about the original meaning of the Constitution based on the records of the Convention, or assessing such claims made by others, consider carefully all the factors discussed. Appendices contain an annotated bibliography and a list of the deputies at the Constitutional Convention.
