"Charting the Course of Commerce Clause Challenge (Symposium: The Commerce Clause: Past, Present, and Future)

Recognizing Barry Cushman's formidable skills in both research and argument, and his enormous wealth of knowledge, I have long known that I would much rather be on the same side of an issue with him than on the opposite side. And I am glad that we have been on the same side of an important issue, for both of us doubt that Franklin Roosevelt's Court-packing plan had much to do with the constitutional transformation of the 1930s. But now I have expressed disagreement with some propositions he has asserted, and I have made some assertions with which he disagrees, he has responded, and I will reply. In view of the fact that Professor Cushman's "brief comment"' is more than half again as long as my initial article,2 I am afraid that this essay will also be longer than that initial article. Having just spent far more on an addition to our house than we spent on the house itself, I will not complain.