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13 Apr 2017, 9:43 am
For the past few weeks I have been teasing progressive nonoriginalists about how, if they really want something to worry about, they should be worried about conservatives accepting living constitutionalism–that is, the very same type of political updating that progressives favor but towards the right instead of the left. [read post]
12 Apr 2017, 7:49 am
Balkin and other leading “new” originalists like Professors Randy Barnett, Lawrence Solum, and Keith Whittington make originalism respectable by answering objections leveled at “expectations-based originalism” — but judges, elected officials, and the public misuse the credibility that these scholars lend to originalism more broadly by relying on evidence about the framers’ and ratifiers’ expected applications in considering concrete cases. [read post]
8 Apr 2017, 1:56 pm
My Georgetown Law colleague Lawrence Solum has an interesting post today called, Originalism in Constitutional Time, in which he discusses “the idea that constitutional possibilities are sometimes open and sometimes closed, given the configuration of politics and the jurisprudential gestalt at any given point in constitutional time. [read post]
6 Apr 2017, 8:18 am
” Georgetown University Law Professor Randy Barnett says, “Senate Republicans are claiming that Congress has power over the judiciary of the states because state courts are an activity that ‘affect[s] commerce. [read post]
5 Apr 2017, 2:15 pm
I welcome a system in which it will be easier to confirm the likes of Jane Kelly, Bill Pryor, Pam Karlan and Randy Barnett. [read post]
5 Apr 2017, 10:23 am
For the past 10 years, I have been teaching a seminar at Georgetown entitled, Recent Books on the Constitution, in which the students spend two weeks reading each of 5-6 books, which I have selected because it is a book I would like to read and/or an author I would like to meet. [read post]
5 Apr 2017, 8:06 am
That is the argument Professor Barnett, and most other originalists who have weighed in on this debate, are really making. [read post]
4 Apr 2017, 5:19 pm
Here is Jonathan Gienapp's reply to Randy Barnett's response to Professor Gienapp's original post. [read post]
4 Apr 2017, 7:40 am
Article IV, Section 2, Clause 2 provides: A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. [read post]
3 Apr 2017, 6:35 am
Originalist scholars such as Lawrence Solum and Randy Barnett have taken issue with Bilder’s oped. [read post]
2 Apr 2017, 8:32 am
In particular, how did your statement take into account the work of Keith Whittington, Randy Barnett, myself, and many others that marks the distinction between “interpretation” and “construction” and recognizes the existence of the underdeterminacy of particular provisions? [read post]
2 Apr 2017, 5:54 am
And, while I’m on the topic of originalism, here is my Georgetown Law colleague Randy Barnett’s response to Jonathan Gienapp’s blog post, Constitutional Originalism and History, and here is an additional observation by another Georgetown Law colleague, Lawrence Solum. [read post]
1 Apr 2017, 8:48 am
Now, just a year after contending that refusing an up-or-down vote on a Supreme Court nominee is unconstitutional (here, here, and as reported here), comes Dean Erwin Chemerinsky to urge that Democrats should filibuster Gorsuch’s nomination. [read post]
28 Mar 2017, 9:51 am
Finally, there appears a criticism of originalism that is knowledgeable, and that summarizes fairly the object of its critique. [read post]
26 Mar 2017, 7:46 pm
Tomorrow evening at 7:00pm–or this evening if you are reading this on Monday, I will deliver the John W. [read post]
25 Mar 2017, 5:27 am
Among other sources, Jordan’s opinion cites my co-blogger Randy Barnett’s “Our Republican Constitution. [read post]
23 Mar 2017, 8:21 am
In a letter sent today, Stephen Sachs, Randy Barnett and I argue that Congress should not rely on the commerce power but should instead rely on the Full Faith and Credit Clause. [read post]
23 Mar 2017, 6:14 am
Federalist Society luminaries range from libertarians like Randy Barnett to traditionalists like Michael Stokes Paulsen and those who defy conventional definition, like Society Chairman Steven Calabresi, a noted originalist scholar who’s also written that the Constitution requires recognition of same-sex marriage. [read post]
20 Mar 2017, 8:16 am
In a recent essay, Randy Barnett and Josh Blackman argue that senators should require nominees to identify the original public meaning of different clauses as a way to gain insight into their views. [read post]
19 Mar 2017, 8:57 am
Cambridge, MA: Harvard University Press, 1995.Barnett, Randy E. [read post]
