Lewis Powell: The Marble Palace's Southern Gentleman

Retired Supreme Court Justice LEWIS POWELL discusses the right of privacy, the role of law clerks and why he voted for capital punishment

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A. Well, we all read the newspapers and the magazines. And so we are not isolated from what the public reads and thinks. But there is no direct influence. It is one of the great merits of our system.

Q. What role should the framers' original intent play in interpreting the Constitution?

A. If one speaks very broadly, original intent is relevant if you can ascertain it. It's perfectly clear that the Founding Fathers believed in free speech and freedom of religion. But when you get right down to specifics, it was impossible for the Founding Fathers to anticipate the developments of civilization. So I don't think one gains anything by saying original intent controls. Whether they were endowed with unique wisdom or very good luck -- or both -- the Founding Fathers blessed us with a Constitution that is brief and broadly phrased.

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