“[W]e have not relied on the minutes of the Constitutional Convention proceedings as indicative of the intent of the delegates. We have purposely refrained from using this basis of interpretation as excerpts from various portions of these minutes, among other things, can be used to support either position, or even a third position ....”
How later courts described this case
- “[W]e have not relied on the minutes of the Constitutional Convention proceedings as indicative of the intent of the delegates. We have purposely refrained from using this basis of interpretation as excerpts from various portions of these minutes, among other things, can be used to support either position, or even a third position ....”
- the intent of the framers “shall first be determined from the plain meaning of the words used”
Written by the judges who cited it.
The opinion
MR. JUSTICE CASTLES
(concurring).
I concur with the majority except that I do not view the Legislative determination of constitutional intent as being persuasive. Other than to indulge in the presumption of constitutionality of legislation, I do not give great weight to that principle.