Thursday, September 16, 2010

Originalism v. Living Constitution

As I was growing up, I kept hearing that one of the strengths of the Constitution was that it was a "living document" that could address our changing times.

As an adult, not just as a lawyer, I now realize that the "living document" rhetoric was an excuse to de-vitalize a wonderful set of governmental principles established in the Constitution and its first ten amendments. I am firmly an originalist on the analytical framework to interpret the Constitution today.

What follows is an excellent piece from Reason.tv, with particular focus on the Commerce Clause

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