Changes

I changed the phrase 'not what the Founders intended'.  None of us were around then so we have no idea what they though.  Loose constructionist see ''implied'' rights (for example symbolic speech being protected by the 1st Amendment)--[[User:Snotbowst|Snotbowst]] 23:08, 16 May 2008 (EDT)

I changed the phrase 'not what the Founders intended'.  None of us were around then so we have no idea what they though.  Loose constructionist see ''implied'' rights (for example symbolic speech being protected by the 1st Amendment)

Don't knock loose constructionists too much.  It was loose construction is Gitlow v. New York that established the incorporation doctrine under the clauses in the 14th amendment (so the reason the exclusionary rule also applies to the states).  It was also loose construction that intially struck down an federal income tax (Congress can tax but the Constitution never says how) before the Constitutional amendment was ratified.--[[User:Snotbowst|Snotbowst]] 23:08, 16 May 2008 (EDT)