Today's messages-Reply

[Hamilton02]

Doug Laycock writes that we agree on the scope of federal power at the time of
the Framing but that "we disagree about . . . the impact of the Civil War, the
transportation and communications revolutions, the New Deal, and eight
constitutional amendments expanding federal power."  We definitely disagree
about the impact of the Fourteenth Amendment and its relationship to
federalism, probably disagree about the New Deal, and may disagree about the
interpretation of the eight constitutional amendments expanding federal power.
But how did the transportation and communications revolutions appear here?
Am I missing something?  I am writing an article on copyright and the
Constitution and wonder if this is relevant.

Marci Hamilton
Center of  Theological Inquiry
Benjamin N. Cardozo School of Law