The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.
Robert G. Natelson,
Commerce in the Commerce Clause: A Response to Jack Balkin,
Mich. L. Rev. First Impressions
Available at: http://repository.law.umich.edu/mlr_fi/vol109/iss1/14