[tacticalogic]

They did so in 1884, which was later upheld in Hoke v. United States, 227 U.S. 308 (1913). But that had nothing to do with any perceived injustice between producers.

And what direct bearing does this opinion have on the intent of the Founders when they wrote and ratified the Constitution? On what basis do you assert that this opinion rendered in 1913 by others, be considered their opinion in 1787? You have Justice McKenna describing the use of the power to RCATSS for the "positive purposes of the General Government". Now, when you can find one of the Founders describing this same kind of use you will have evidence to support your reading of Madison's letter. Until you do, you don't have it.

[robertpaulsen]

"On what basis do you assert that this opinion rendered in 1913 by others, be considered their opinion in 1787?"

Whoa!

Hey, if you can use a private letter written in 1829 as indicative of considered opinion in 1787, why can't I use a USSC opinion written in 1913 as indicative of considered opinion in 1787?

Statute of limitations run out?