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Jeremy Waldron

contemporary audiences— contemporary with its original promulgation—would have understood it. Authors’ intention or audience’s understanding?—that is the question. Allan claims that if we stick with original understanding, as Scalia did, then we face the problem of constructing an idealized version of the eighteenth century audience whose understanding this version of originalism is supposed to privilege. He implies that the older originalism faces no such difficulty, presumably because many fewer people were involved in authoring the Constitution than in understanding it

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Thomas Halper

, for his judicial language was not at all inoffensive or soft spoken, but instead aggressive and unyielding, at times even pugnacious and partisan, as in his attacks on Jefferson’s administration in Marbury or on Maryland in McCulloch . Yet on the other hand, the style comported perfectly with one of whom a contemporary remarked, “In his whole appearance and demeanor, dress, attitudes, gesture, sitting, standing, or walking [Marshall] is as far removed from the idealized graces of Lord Chesterfield, as any other gentleman on earth.” W ILLIAM W IRT , T HE W