the Federalist papers are referred to by SCOTUS
Posted on: March 11, 2021 at 12:40:07 CT
ashtray UF
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in their rulings when they can't find the text in the Constitution
Check Scalia's comments in Printz v. United States
"Because there is no constitutional text speaking to this precise question, the answer to the [constitutional] challenge must be sought in historical understanding and practice."
Both Justice Scalia's majority opinion and Justice Souter's dissent focused on the language of The Federalist in a way that can best be described as the historical record equivalent of statutory interpretation.