Sticking It to the Constitution

Sticking It to the Constitution

“The ambiguous language in some textual provisions of the Constitution was chosen precisely to paper over differences in philosophy among the Framers. You can’t assign one definitive meaning to such ambiguous phrases without choosing winners and losers in a way that the Framers assiduously avoided. In fact, the current debate over ObamaCare and the meaning of the Commerce Clause is more about the evolving political philosophy of today’s judges than it is about the original meaning attributed to the text by the Framers.”

[Source]

Skills

Posted on

November 1, 2019