Not remotely did the Framers intend that the clause would be converted from a shield against state abuse--its use in the first great Commerce Clause case, Gibbons v. Ogden -- into a sword, enabling Congress, through regulation, to try to bring about all manner of social and economic ends.
posted on 10/28/2004 6:23:18 PM PDT
("Oh bother!" said Pooh, as he chambered his last round.)
Another inconvenient truth is that the Founding Fathers never intended the BOR to apply to the states. So?
I'm sure there were lots of things the Founding Fathers never intended --freed slaves for one. So?
Is the author suggesting that we revert back to the Constitution of 1789, since that is the ONLY constitution the Founding Fathers INTENDED.
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