John K. Bush (Judge, Court of Appeals for the Sixth Circuit) & A.J. Jeffries (Law Clerk to Judge Justin Walker, Court of Appeals for the D.C. Circuit), The Horseless Carriage of Constitutional Interpretation: Corpus Linguistics and the Meaning of "Direct Taxes" in Hylton v. United States, 45 Harv. J. L. & Pub. Pol'y 523 (2022):
Conclusion
Soon after the American Revolution ended, Alexander Hamilton wrote to Gouverneur Morris, “Let us both erect a temple to time; only regretting that we shall not command a longer portion of it to see what will be the event of the American drama.” Corpus linguistics goes in the opposite direction of Hamilton’s vision: it allows for time travel of sorts to study a digital record from the beginning of the drama—the world of the Framers. Like Marty McFly’s DeLorean, corpus linguistics can be improved with modification for subsequent trips back to the past.
But the vehicle, as is, proved usable enough for our purposes. First, the corpus confirmed that the Founding generation did in fact speak of “direct taxes” with confidence that the term could be defined. Second, our findings revealed consensus as to at least some types of taxes that were considered to be direct. Finally, corpus linguistics fits comfortably within the methodology used in Hylton. Counsel in that case relied on a rudimentary body of secondarysource materials that predated or were contemporaneous with the Constitution as an aid for its interpretation. Corpus linguistics is simply a more robust approach that is consistent with early federalcourt advocacy. And, at least in this instance involving research into the taxing of carriages, corpus linguistics shows promise to be as technologically revolutionary as carriages of the horseless variety.



