Citations (2)



New Evidence of the Original Meaning of the Commerce Clause

Randy E. Barnett

Georgetown University Law Center

March 14, 2012

Arkansas Law Review, Vol. 55, 2003
Georgetown Public Law Research Paper No. 12-045

In this paper, the author advances the debate on the original meaning, interpretation, and usage of the word "commerce" in the context of the Commerce Clause. First, he distinguishes between terms that are vague and those that are ambiguous. He contends that realizing the dispute is over the ambiguity rather than the vagueness of "commerce" helps resolve the conflict between interpretations. Second, he presents the results of new empirical research into the original public meaning of "commerce" that extends well beyond the sources immediately surrounding the Constitution. Finally, the author reports the results of a similar survey of the use of the terms "regulate" and "regulation."

Number of Pages in PDF File: 55

Keywords: Commerce Clause, Original meaning, Constitution

JEL Classification: K00, K1, K3

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Date posted: March 14, 2012  

Suggested Citation

Barnett, Randy E., New Evidence of the Original Meaning of the Commerce Clause (March 14, 2012). Arkansas Law Review, Vol. 55, 2003; Georgetown Public Law Research Paper No. 12-045. Available at SSRN: http://ssrn.com/abstract=2022476

Contact Information

Randy E. Barnett (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9936 (Phone)
HOME PAGE: http://www.randybarnett.com
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