Cite as: 515 U. S. 506 (1995)
Opinion of the Court
in this country at or near the time the Bill of Rights was adopted. Indeed, state and federal cases appear not to have addressed the question until the latter part of the 19th century, at which time they did not display anything like the virtual unanimity claimed by the Government. Though uniform postratification practice can shed light upon the meaning of an ambiguous constitutional provision, the practice here is not uniform, and the core meaning of the constitutional guarantees is unambiguous. Pp. 515-519. (d) The Government's contention that stare decisis requires respondent's constitutional claim to be denied is rejected. Sinclair v. United States, 279 U. S. 263, 298, is overruled. Kungys v. United States, 485 U. S. 759, 772, distinguished. Pp. 519-523. 28 F. 3d 943, affirmed.
Scalia, J., delivered the opinion for a unanimous Court. Rehnquist, C. J., filed a concurring opinion, in which O'Connor and Breyer, JJ., joined, post, p. 523.
Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Harris, Richard H. Seamon, and Kathleen A. Felton. Richard Hansen argued the cause for respondent. With
him on the brief were David Allen and Todd Maybrown.*
Justice Scalia delivered the opinion of the Court. In the trial at issue here, respondent was convicted of making material false statements in a matter within the jurisdiction of a federal agency, in violation of 18 U. S. C. § 1001. The question presented is whether it was constitutional for the trial judge to refuse to submit the question of "materiality" to the jury.
I
In the 1980's, respondent engaged in a number of real estate transactions financed by loans insured by the Federal
*Kent S. Scheidegger and Charles L. Hobson filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging reversal.
Bruce S. Rogow and Beverly A. Pohl filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.
507
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