3. In dissent, Justice Harlan wrote the "real meaning" of the railcar segregation law was to suggest that "colored citizens are so inferior and degraded that they cannot be allowed to sit in the public coaches occupied by white citizens." How might we figure our "real meaning" of a law?
Determining the "real meaning" of a law, especially when it comes to matters of intent and interpretation, can be a complex task. Here are a few steps you might consider to figure out the "real meaning" of a law:
1. Read the text: Start by carefully reading the actual text of the law in question. Take note of the specific language, definitions, and provisions used in the law.
2. Historical context: Understand the historical background, events, and circumstances that led to the creation of the law. Consider the social, political, and cultural factors that influenced its development.
3. Legislative history: Examine the legislative history of the law, which includes committee reports, floor debates, and amendments. In studying this, look for lawmakers' stated intentions, explanations, and arguments during the lawmaking process.
4. Precedent and case law: Research how the law has been interpreted and applied in previous court cases. Judicial decisions and interpretations can provide insights into how the legal system has defined and understood the law's meaning over time.
5. Legal analysis: Consult legal experts and scholars who have studied the law extensively. They may provide alternative interpretations or insights into the law's purpose and intent. Legal analysis can help uncover different perspectives and arguments regarding the law's real meaning.
6. Contextual analysis: Consider the broader legal framework, such as constitutional provisions, other related laws, and overarching principles of jurisprudence. Analyze how the law fits within this broader context and whether it aligns with the fundamental principles and values of the legal system.
It's important to note that determining the "real meaning" of a law can be subjective to some extent, and different individuals may interpret it differently. Interpretations can vary based on personal viewpoints, social changes, and evolving legal understandings. However, by following these steps, you can gain a comprehensive understanding of a law's intent and meaning.