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But why should the author's opinion matter, if the opinion is not explicitly written into the text of the actual Amendment? That would open a whole can of worms. If that is what the author meant, why did he not write it into the Amendment? After all, it seems to have not been completely obvious, since he felt the need to comment on it.
It isn’t dispositive but it is instructive. That is, if the answer is “obvious” then how did the drafter understand it to mean something else? That is at least a clue that it isn’t obvious.
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The ambiguous word in the text on which everything hinges is “jurisdiction”. The author explained how the word “jurisdiction” is to be interpreted, with examples. How are his comments not relevant?
This is far outside of my domain of expertise, maybe there were other relevant considerations (e.g. historical precedent) that force a different interpretation of “jurisdiction”, I don’t know. But if the author’s comments on his own amendment are being reported accurately, then “he should have been more explicit” seems like an incredibly weak rebuttal.
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Because when trying to understand what someone wrote into law it's useful to read what they themselves believed was the meaning of the words they wrote. This is totally uncontroversial legal practice.
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