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Philosophy Of Law In considering the views of Robert Bork and Martha Minow, I am impressed more by Minow. I will compare their respective views and arguments in an effort to show why I prefer the arguments of Minow to those of Bork. First though it is necessar ....

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.... the ratifiers, and the electors all had possibly separate intent and it would be difficult to know all of their intentions. According to this view, the Constitutional text merely provides clues as to the intent of the above mentioned groups. So peripheral documents, such as the Federalist papers, are important clarifiers of the original intent. The second subdivision of orginalism is called the textual orginialist view. This view argues that the actual text of the Constitution is what is most important in terms of understanding Constitutional intent. Bork began as an intention theorist, then later changed and came to adopt the textual origin ....