“Living Constitutionalists” and other opponents of constitutional government sometimes claim recovering the Constitution’s original meaning is impossible or impractical.
One reason some of them think that is they they fail to take advantage of the hundreds of books available on 18th century law.
The Constitution is, of course, a legal document, and most of the framers and many of the ratifiers were lawyers. This new article shows how we can use 18th century law books to answer constitutional questions, using eminent domain (land condemnation) as an example.
In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution’s original meaning have been repeatedly cited in U.S. Supreme Court opinions and published or cited by many top law journals (See: www.constitution.i2i.org/about/) He co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). He was a law professor for 25 years and taught constitutional law and related courses. He is the Senior Fellow in Constitutional Jurisprudence at Colorado’s Independence Institute.