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2 Jul 2010, 2:27 pm
(Randy Barnett) Timothy Sandefur has a moving discussion of Frederick Douglass, the Fourteenth Amendment, and the McDonald case over on PLF Liberty Blog. [read post]
18 May 2012, 7:46 am
(Randy Barnett) There are so many reasons why drug prohibition is objectionable, it is hard to enumerate them all. [read post]
12 May 2011, 11:23 am
(Orin Kerr) In their posts below, both Jonathan Adler and Randy Barnett suggest that it’s okay for the proposed activity/inactivity distinction to be unclear because the “actus reus” distinction has been unclear for a long time and the world hasn’t ended. [read post]
1 Jul 2011, 9:31 am
(Randy Barnett) A few weeks ago, I had this column in the Washington Examiner questioning the “fair-weather federalism” of House Republicans supporting HR-5, which regulates the tort of malpractice by employing a highly expansive reading of the commerce power. [read post]
16 Jul 2012, 5:55 am
(Randy Barnett) To uphold the Affordable Care Act, Chief Justice Roberts adopted a “saving construction” in which he deleted the “requirement” that all non-exempt Americans buy health insurance, leaving only the “penalty,” which he then recharacterized as a tax. [read post]
19 Apr 2012, 5:46 am
Randy Barnett observes that Congress required the purchase of firearms under its power to “provide for calling forth the Militia. [read post]
7 Jun 2011, 7:50 am
(Randy Barnett) My Washington Examiner column this morning concludes by briefly addressing an odd objection I hear on occasion. [read post]
31 Jan 2011, 7:52 am
That's Randy Barnett — talking about the constitutional challenges to the health care law — quoted in Politico's ominously titled article "Right takes refuge in Constitution. [read post]
12 Oct 2010, 8:02 am
(Randy Barnett) The American Spectator magazine has a balanced article, by Philip Klein entitled, “Is It Time for a Convention? [read post]
22 May 2012, 1:45 am
(Randy Barnett) Over on the Liberty Law Blog, Mike Rappaport has this thoughtful post on the left’s concerted push to threaten the legitimacy of a decision invalidating the entire Affordable Care Act: [Jeff Rosen's] comparison with the New Deal is not well taken. [read post]
7 May 2012, 7:40 am
(Randy Barnett) Among the arguments for more intellectual diversity among law school faculties is the simple obliviousness of most academics to how a third to a half of their students think, not to mention a significant portion of the general public. [read post]
29 May 2012, 9:01 am
(Randy Barnett) On TNR.com, Jeff Rosen has a thoughtful response to the criticism engendered by his New Republic magazine essay on Chief Justice Roberts. [read post]
22 Sep 2010, 2:31 pm
Today Randy Barnett posted a draft of his forthcoming article defending this view. [read post]
12 Aug 2007, 3:55 pm
It is a critique of the "new originalism," that is, the sort of "public meaning" originalism associated with Randy Barnett, Keith Whittington, and many other scholars who have some connection with the Federalist Society. [read post]
11 Feb 2011, 10:01 pm
(Randy Barnett) Because I have been on the road, I did not have chance to comment on Thursday’s editorial in the New York Times entitled, “A Debate Bigger Than Reform” (registration required). [read post]
3 Sep 2007, 2:57 am
It is no accident that Randy Barnett called his first foray into originalist theory, An Originalism for Nonoriginalists. [read post]
16 May 2012, 6:18 am
(Randy Barnett) One of the crucial hallmarks of the so-called New Originalism is the recognition that there is a difference between two types of activities: the activity of interpretation and the activity of construction. [read post]
28 Feb 2012, 11:26 am
(Randy Barnett) Many polls have shown that the Affordable Care Act remains unpopular. [read post]
18 Oct 2011, 10:58 am
(Randy Barnett) Over the summer I criticized a House Republican medical malpractice reform as “fair-weather federalism” in this op-ed in the Washington Examiner: Tort reform and the GOP’s fair-weather federalism. [read post]
6 May 2012, 2:40 pm
(Randy Barnett) Matt Welch has a nice essay on Reason.com, Why Big Government Is Offensive: The faster the state expands, the more likely it is to violate your values. [read post]
