Damon W. Root: Are We All Originalists Now?

On May 27, 1935, the U.S. Supreme Court unanimously struck down the New Deal’s National Industrial Recovery Act for exceeding Congress’ lawful authority “to regulate commerce...among the several states.” In response, President Franklin Delano Roosevelt denounced the Court for adhering to the Constitution’s original meaning. “The country was in the horse-and-buggy age when that clause was written,” Roosevelt ...   MORE