...powers of the states are retained, if any possible construction will retain them,. .. [and thereby] explain away the constitution of our country, and...structure indeed, to look at, but totally unfit for use." 215 The current Supreme Court majority is clearly unpersuaded by Louis Fisher's claim that "[t]he meaning...

...said that a tendency to expand the power of the states at the expense of the federal government would "explain away the constitution of our country, and...structure indeed, to look at, but totally unfit for use."28 Justice William Johnson agreed with the decision but took issue with basing it on the federal...

...ingenious minds" who "by a course of well-digested, but refined and metaphysical reasoning" were trying "to explain away the constitution of our country, and...structure, indeed, to look at, but totally unfit for use." Confronted with ever more refined and articulate states' rights theory — metaphysical speculation...

...was "unavoidable," he said, because "powerful and ingenious minds" always used strict construction to "explain away the constitution of our country, and...magnificent structure indeed, to look at, but totally unfit to use." He was as much interested in the health of the Union as in the New York monopoly. The decision...

...federal government. But to indulge in that "refined and metaphysical reasoning," Marshall wrote, would "explain away the Constitution of our country and leave it a magnificent structure to look at, but totally unfit for use." The Gibbons decision was especially discouraging to Jefferson....

...are retained, if any possible construction will retain them, may, by a course of well digested, but refined and metaphysical reasoning, founded on these...understanding, as to obscure principles which were before thought quite plain, and induce doubts where, if the mind were to pursue its own course, none...

...construction of the Constitution in general and the commerce power in particular, contending that they would "explain away the constitution of our country, and...structure, indeed, to look at, but totally unfit for use"). On narrow conceptions of originalism as forms of "ancestor worship," see Freeman, supra note 51, at...

...States are retained if any possible construction will retain them, may, by a course of well digested but e bonds of mass misery, before thought quite plain, and induce doubts where, if the mind were to pursue its own course, none...

...States are retained, if any possible construction will retain them, may, by a course of welldigested but refined and metaphysical reasoning founded on these...understanding as to obscure principles which were before thought quite plain, and induce doubts where, if the mind were to pursue its own course, none...

...are retained, if any possible construction will retain them, may, by a course of well digested, but refined and metaphysical reasoning, founded on these...understanding, as to obscure principles which were before thought quite plain, and induce doubts where, if the mind were to pursue its own course, none...