Collective legislative intent is unknowable because a legislature has no single mind

Evidence

Those who oppose the use of legislative history deny that one can ascribe an intention to groups such as legislative bodies or constitutional conventions. They note that statutes and constitutional provisions are the product of group deliberations. Many of those who vote for a measure never state their view of what it means or how it should be interpreted. … There is no reason to assume, however, that the views of those who speak during legislative debates are representative. Legislators may have quite different understandings of the enactments they adopt. Opponents argue that, given the unreliability of legislative history, judges should ignore it in favor of analysis of the text of the enactment and judicial rulings interpreting it. — G. Alan Tarr, Judicial Process and Judicial…, 2482

Categorization

  • DEFINE: Explains the meaning and limits of ‘legislative history’ as an interpretive source, and why textualists distrust it.