johnrocks
Silver Member
- Feb 18, 2009
- 1,919
- 282
Why do you embrace Blackstone so much, he was a Tory, the very establishment we were fighting against?
Besides his "Commentaries on the Laws of England", he was regarded as an utter failure.
I embraced the rules of construction as presented by Blackstone because the evidence weighs in favor of the proposition that the men who made the Constitution probably took for granted that the rules would apply to the instrument they were making.
When John Dickenson, at the Convention that wrote the Constitution, interpreted the term "ex post facto", he applied the rule that read,
..terms of art, or technical terms, must be taken according to the acceptation of the learned in each art, trade, and science.
It has been shown many times that their were two or more sides with each other then as there are now, there has always been and will always be one side wanting more centralized planning and one side thinking that it is not good to have so much centralized planning.
For every Blackstone, Hamilton or Dickerson , there is a Jefferson, Madison or Brutus(Yates, Anti Federalist).