Michigan Law Review First Impressions, Vol. 109, No. 55, 2010
8 Pages Posted: 7 Nov 2010 Last revised: 15 Apr 2014
Date Written: November 5, 2010
The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.
Suggested Citation: Suggested Citation
Kopel, David B. and Natelson, Robert G., Commerce in the Commerce Clause: A Response to Jack Balkin (November 5, 2010). Michigan Law Review First Impressions, Vol. 109, No. 55, 2010; U Denver Legal Studies Research Paper No. 10-25. Available at SSRN: https://ssrn.com/abstract=1703650