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View Diary: Robert Bork's influence over antitrust law (97 comments)

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  •  Nonsense (0+ / 0-)

    What originalists mean is literal originalism, not general originalism. It's impossible to ascertain the framers' intent as they intended many things, variously. Did they intend enumerated or implied powers? Did they intend for there to be an Air Force or national bank? Ultimately, who cares? What matters is if they established a general framework by which such things could be decided over time. If you're going back to literal intent and strict constructionism, even assuming that you could resolve that intent, which you obviously can't given the differences among the framers and the vagueness with which they addressed their intents, then you effectively throw out any ruling after Marbury v. Madison as "activist". Which is lunacy.

    As for this, I assume you're being funny:

    Of course, there are cases they never anticipated.

    "Those who stand for nothing fall for anything...Mankind are forever destined to be the dupes of bold & cunning imposture" --Alexander Hamilton

    by kovie on Sun Jan 09, 2011 at 08:26:11 PM PST

    [ Parent ]

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