I should disclaim that I am not a lawyer, but there are legal scholars that discuss actually using original intent and courts that cite specifically to intent in their decisions. Though, I agree fully that in attempting to argue intent you must still be able to tie it to what is written.
I also fully concur that many laws may mean different things even to the people involved in passing them, yet some times they can be clear, especially when laid out in clear records of the debate or in an explicit intent section as part of the bill.
The intent, when known, can help inform the way a law will be interpreted by the courts. Prof. Ian Bartrum discusses this in "The Modalities of Constitutional Argument" and Prof. Philip Bobbit goes into more detail in "Constitutional Fate" and "Constitutional Interpretation."
You have a good point that Scalia's 'Original meaning' is different from 'Original intent' and 'Original meaning' is far more objective. But that does not mean intent is not considered. For a modern case where Congressional intent was at the center of an 11th Circ. decision look at Harris v. H&W contracting Company, 102 F. 3d 516 (11th Circ, 1996).
[Edited to remove a redundancy]
Thouh, while I think intent here has relevance, I still think the more salient question is prudential. Regardless of how it came to exist, what should the role of jury nullification be?
I also fully concur that many laws may mean different things even to the people involved in passing them, yet some times they can be clear, especially when laid out in clear records of the debate or in an explicit intent section as part of the bill.
The intent, when known, can help inform the way a law will be interpreted by the courts. Prof. Ian Bartrum discusses this in "The Modalities of Constitutional Argument" and Prof. Philip Bobbit goes into more detail in "Constitutional Fate" and "Constitutional Interpretation."
You have a good point that Scalia's 'Original meaning' is different from 'Original intent' and 'Original meaning' is far more objective. But that does not mean intent is not considered. For a modern case where Congressional intent was at the center of an 11th Circ. decision look at Harris v. H&W contracting Company, 102 F. 3d 516 (11th Circ, 1996).
[Edited to remove a redundancy]
Thouh, while I think intent here has relevance, I still think the more salient question is prudential. Regardless of how it came to exist, what should the role of jury nullification be?