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this post was submitted on 05 Feb 2024
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The historical context is that during the ratification proceedings, a senator basically spoke up and said "Hey I think we forgot to include the President and we can't have that" and another one replied "Don't worry, he counts as an officer".
And remember, when the SCOTUS originalists interpret the constitution, their number one consideration is "What did the people who wrote this particular amendment mean by this word / phrase?" In this case, the answer is clear.
I'd love to see a suit taking a corporation to the mat in that in its mere modern existence it's usurped the founders intent...
Which was a frothing contempt for them. They recognized they were helpful for big projects that society needed, so a charter would be granted to say...build a bridge...and upon completion immediately disbanded.
Id call this the greatest court in history if they restored that. I think the earth rotations reversing is more likely.
It's not necessarily the founders intent that matters. It's whoever wrote the text in question.
So when interpreting a law about corporations written in 1930, what matters is how "corporation" was defined in 1930 not 1787.
They didn't literally say that though. They simply referred to the previous part that said "or hold any office in the US". It's pretty obvious that's what he meant, but it isn't explicitly what was said or written.
Originalists have to rely on what words "obviously" meant at the time, because "explicit" definitions are often unavailable.