Well... it just so happens that I am taking a History of Constitutional Law class this semester, so I have been reading a lot of material on the subject. I have never been a history buff, but this class has been fantastic.
My current focus is on the history of the Takings Clause of the 5th Amendment, specifically what is meant by "for public use." I had always assumed that the current liberal interpretation is a fairly recent development by our Supreme Court, but it goes back much further. In the early to mid-1800's, the Supreme Court ruled that it was Constitutional to flood private lands to create dams for grain mill operations. Even though the mills were privately operated, they were open to the community.
This has been a great discussion. I really enjoy exploring the limits of the Constitution and the original meaning, where it is possible to find "one meaning." Even the drafters had their own interpretations.
Best,
Robert A. Franco
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