Reply To: Correcting the Marshall legacy?


There are plausibly three ways to undo Marshall:

1. Dr. Gutzman’s Federalism Amendment idea, which has a long uphill battle, even among people who believe themselves to be “originalists.”

2. Nullification, which is gaining steam among a myriad of issues.

3. Secession or decentralization, which also has some momentum at the moment, at least in non-political avenues (homeschooling, organic farming, etc.).

I don’t think the Constitution has retained any of its original intent, at least not how it was sold in 1787 and 1788. That Constitution died fairly quickly. It has retained everything the opponents of the document said it would and very little of what proponents suggested it would be.