Virginia v. Sebelius

[Malla Pollack]

As many have advised our numerous resident originalists on numerous
occasions, many of us strongly dispute the equation of what someone else's
(or even our own) ancestors believed with morality or law (in your third
sense). I will now stop.
Malla

On Thu, Dec 16, 2010 at 2:08 PM, Jon Roland <jon.roland at constitution.org>wrote:

>  It would still allow an attack on rational basis and equal protection
> grounds. However, in a forum that contains several originalists, it is
> irritating to us for others to just assert something is constitutional,
> based on current custom, policy, practice, doctrine, or precedent, and
> thereby dismiss out of hand those who hold it unconstitutional as a matter
> of original understanding or meaning. The word "law" has at least three
> polysemous meanings: (1) a professional field, (2) legal practice, and (3)
> commands we have a duty to obey. Some prefer to reserve the word "law" for
> (3), which brings an originalist approach to constitutional construction. In
> other terms, legal "idealism" as opposed to legal "realism".
>
> On 12/16/2010 01:45 PM, Kermit Roosevelt wrote:
>
> But that doesn't mean it's unconstitutional, at least, not on commerce
> grounds.
>
> -- Jon
>
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