[SumProVita]

I will go for originalism as advocated by Justice Antonin Scalia.

Constitutional Interpretation the Old Fashioned Way

http://www.cfif.org/htdocs/freedomline/current/guest_commentary/scalia-constitutional-speech.htm

;-)

[Ken H]

I will go for originalism as advocated by Justice Antonin Scalia.

Scalia should stop claiming to be an originalist after his endorsement of Wickard:

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...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.

Justice Scalia

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Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything, and the Federal Government is no longer one of limited and enumerated powers.

Justice Thomas

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Which is the originalist position, and which is the elastic position?