Shhhh. Don't tell the lefties on the board. They may start to believe that the Constitution actually means what it says.
That has been going on by the Left for a long time.
From Barnett's article: "I returned to
The Power to Govern and noticed for the first time that Hamilton and Adair omitted any reference to the use of the term 'commerce' in the
Philadelphia or ratification conventions, though they offered evidence from these sources for other claims. I was not surprised that Crosskey had omitted this evidence since he explicitly signaled his intention to ignore evidence from the drafting process. 'The samples of word-usage and juristic and political discussion . . .will . . . all be drawn . . . from sources not connected with the constitution.'"
Crosskey might have added, had he had sufficient integrity, that he did not include "sources connected with the Constitution" because those sources disproved his thesis, but Crosskey was a leftist charlatan and deceiver.
Barnett dissents from those who argue for an expansive interpretation of the commerce clause, beneficially Grant Nelson and David Upshaw. Upshaw and Nelson by their own admission, however, rely heavily on Walton Hamilton and Douglass Adair, in their 1937 work,
Power to Govern.
Hamilton and Adair were writing in the midst of New Deal when Rooseveltian policy was running afoul of the Constitution in the courts because of the Roosevelt Administration's abusive interpretation of the commerce clause.
Hamilton, says Wikipedia, "argued that legal concepts evolved in specific historical and social contexts and that, when they were removed from their context and generalized into universal legal principles, they led to socially undesirable, often unexpected results." This was a mind ripe for loose construction. If you don't like what the Constitution says, because it produces "socially undesirable results" ("undesirable" by what evaluation criteria, one might ask, but I digress), then simply change was it means, or what you
say it means, into something that
will produce a socially desirable result.
Neat little trick, that.