Controversial Books | Page 488

466 Interpreting and Preserving the Constitution ing of a clause in the Constitution. In certain instances, however, new rules would have to be devised because a constitution is obviously different in many respects from a law or treaty and therefore raises unique interpretive problems. A basic interpretive task common to all three is the task of determining intent. What was the intent of the lawmakers who made the law? Of the foreign ministers who drafted the treaty? Of the delegates who wrote the Constitution? In his Commentaries on the Laws of England, Blackstone noted that the first and fundamental rule in the interpretation of all instruments is to construe them according to the sense of the terms and the intention of the parties. ‘‘The fairest and most rational method to interpret the will of the legislator is by exploring his intentions at the time when the law was made,’’ wrote Blackstone, ‘‘by signs the most natural and probable. And these signs are either the words, the context, the subject matter, the effects and consequence, or the spirit and reason of the law.’’ He went on to explain that words are generally to be understood according to their usual or popular usage. If they are ambiguous, then the next step is to try to establish their meaning from the context, or by comparing them with other words and sentences in the same instrument, or by comparing them with another law on the same subject. The law of England, for example, declares murder to be a felony ‘‘without benefit of clergy.’’ To learn what the ‘‘benefit of clergy’’ means, it is necessary to turn for guidance to other laws employing this term. Failing here, the judge may find the intent of the law by observing the subject matter or the purpose of the law. Blackstone cites as an example an English law forbidding members of the clergy from purchasing ‘‘provisions’’ in Rome. This does not mean they are prohibited from buying food and grain, but from securing nominations to ecclesiastical office, which were called ‘‘provisions.’’ This is clearly what the statute intended because its purpose was to prevent the Pope in Rome from usurping the powers of the King, who is the head of the Church of England. As for the effects and consequences, the rule, said Blackstone, is that where words seem to lead the court to absurd results, it is helpful to abandon their literal meaning and rely on common sense. A law, for example, stating that ‘‘whoever drew blood in the streets should be pun-