RE: [lpaz-discuss] Re: Killing the Federal government beast
Friday, May 1, 2009 8:58 AM
From: John Buttrick
> I'd be the last one to advocate attempts to infer intent. Original
> What I take issue with is reading the Commerce Clause as meaning
> So you don't like original intent; you like original inference. Got it.
This is sometimes referred to as "original meaning" as opposed to "original intent."
A good explication of this theory of constitutional interpretation can be found in Chapter Four of Randy Barnett's book "Restoring the Lost Constitution." Chapter Eleven of the same book contains an interesting discussion of the meaning of the Commerce Clause.