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1 Oct 2007, 12:51 pm
Barry Barnett Our feed never splits. [read post]
10 Feb 2017, 1:43 pm by Randy Barnett
Therefore, when original meaning interpretation alone is not enough to resolve a controversy, the judicial duty of good-faith construction consists in (a) accurately identifying the spirit of the relevant constitutional provision at the time it was enacted and (b) devising implementing rules that are calculated to give effect to both the letter and the spirit of the text in the case at hand and in future cases. [read post]
4 Jul 2018, 6:21 am by Randy Barnett
The Declaration of Independence used to be read aloud at public gatherings every Fourth of July. [read post]
4 Jul 2016, 2:00 am by Randy Barnett
[The thesis of Our Republican Constitution: Securing the Liberty and Sovereignty of the We the People is based on the political theory articulated in the Declaration of Independence. [read post]
30 Jan 2014, 7:21 am by Ronald Collins
 If that were to happen, perhaps Solicitor General Donald B. [read post]
8 May 2011, 7:01 pm by cdw
Aquilia Marcivilcci Barnette, 2011 U.S. [read post]
8 Oct 2017, 7:33 am by Randy Barnett
Good-faith construction consists in (a) accurately identifying the spirit—or original function”—of the relevant constitutional provision at the time it was enacted and (b) devising implementing rules that are calculated to give effect to both the letter and the spirit of the text in the case at hand and in future cases. [read post]
10 Jun 2023, 11:35 am by Randy E. Barnett
Hamburger contends that, "[b]ecause the First Amendment bars 'abridging' the freedom of speech, any law or government policy that reduces that freedom on the platforms—for example, by obtaining content or viewpoint discrimination—violates the First Amendment. [read post]
5 Jul 2019, 7:43 am by Randy Barnett
  To answer this question, we have to distinguish between three issues:  the constitutionality of the individual insurance "requirement" or mandate in § 5000A(a) of the ACA after the "penalty" cum tax in § 5000A(b) was set at $0;  the standing of the plaintiffs to sue; and  whether the insurance requirement in § 5000A(a), if now unconstitutional, is severable from the rest of the ACA. [read post]
27 Sep 2007, 1:20 pm
  And, so, we offer for your enjoyment the definition of MAE in the SLM agreement:"Material Adverse Effect" means a material adverse effect on the financial condition, business, or results of operations of the Company and its Subsidiaries, taken as a whole, except to the extent any such effect results from: (a) changes in GAAP or changes in regulatory accounting requirements applicable to any industry in which the Company or any of its Subsidiaries operate; (b) changes in… [read post]
17 Nov 2011, 1:33 pm by David Kopel
So if A delegates to B the power to manage A’s farm for five years, B could lease part of the farm to C for a few years, but B could not sell the farm. [read post]
28 Mar 2017, 9:51 am by Randy Barnett
They often smugly contend that (a) recovering an original meaning of the text is impossible but also (b) let us now tell you what its original meaning really was, as only we can. [read post]
4 Jul 2019, 6:30 am by Randy Barnett
[This year, my annual post celebrating the Fourth of July is drawn from a chapter of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, and from a short essay on the same topic, The Declaration of Independence and the American Theory of Government: First Come Rights, and Then Comes Government"] The Declaration of Independence used to be read aloud at public gatherings every Fourth of July. [read post]
4 Jul 2015, 7:10 am
[As we celebrate Independence Day, I thought I would post a couple excerpts about the Declaration of Independence from my forthcoming book, Our Republican Constitution: Securing the Sovereignty of the People (which is now available for pre-order on Amazon). [read post]
4 Jul 2017, 6:04 am by Randy Barnett
The Declaration of Independence used to be read aloud at public gatherings every Fourth of July. [read post]