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26 Sep 2017, 1:35 pm
Randy Barnett. [read post]
5 Jul 2012, 5:40 am
(Randy Barnett) Today marks the 160th anniversary of one of Frederick Douglass’s most moving speeches, “What July 4th Means to the Negro. [read post]
11 Feb 2010, 12:58 am
Update: Randy Barnett responds to this post, saying basically that despite the differences between the approaches to construction, I am (without adequate explanation) against them. [read post]
18 Feb 2025, 3:16 pm
Over at x, which I have mostly avoided since the election, Randy Barnett replied:"Bates has even more and better stuff supporting our position than we could mention in our op-ed. [read post]
19 Aug 2006, 2:07 pm
My position is closer to Randy Barnett's and Akhil Amar's, with differences that aren't relevant for purposes of this discussion. [read post]
6 Jul 2012, 4:57 am
(Randy Barnett) In my previous post, I explained how no one other than Chief Justice Roberts ever held the legal position that he came, for whatever reason, to hold. [read post]
15 Sep 2018, 8:53 am
"the whole document tilts toward liberty"--more on Judge Kavanaugh's judicial philosophyIn my two previous posts, I highlighted Judge Brett Kavanaugh's testimony about originalism and an interesting exchange he had about inalienable rights with Senator John Kennedy. [read post]
10 Jun 2023, 11:35 am
[Federal courts must up their game to handle the new symbiosis of government power and private businesses] Columbia Law School Professor Philip Hamburger has an important essay this weekend on the Wall Street Journal opinion page: How the Government Justifies Its Social-Media Censorship. [read post]
15 Sep 2018, 9:37 am
His testimony that Carpenter is a "game changer" could be a game changer for bulk data collectionIn this, my final post on Judge Kavanaugh's testimony, I focus on one issue that may prove the most important: his views on the Fourth Amendment. [read post]
29 Jul 2018, 1:14 pm
The upside greatly outweighs any downsideJust as no major party is perfectly libertarian, neither party is likely to appoint judges who will please all libertarians. [read post]
15 Sep 2018, 9:17 am
And why write dissenting and concurring opinions? [read post]
4 Jul 2024, 7:13 am
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights.] [read post]
14 Sep 2018, 2:37 pm
A Republican Senator discusses natural rights, majoriarianism, linguistic ambiguity and the difficulties of identifying original meaningIn the evening of Day 2 of the Senate Judiciary Committee Hearings, in a fascinating discussion, Senator John Kennedy of Louisiana questioned Judge Kavanaugh on inalienable natural rights and the feasibility of originalism (the last of these I highlighed in bold). [read post]
4 Jul 2022, 5:26 am
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights] [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. [read post]
4 Jul 2023, 6:57 am
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights] [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. [read post]
28 Jan 2023, 10:41 am
[The Proper Role of History and Tradition] In three cases last term, the constitutional concepts of history and tradition played important roles in the reasoning of the Supreme Court. [read post]
28 Jun 2022, 11:46 am
[A minor impact on gun laws but a potentially momentous shift in constitutional method] My contribution to a symposium on New York State Rifle & Pistol Association v. [read post]
30 Jul 2018, 9:28 am
Says private discussions and Kavanaugh's strong record eased his concerns about the 4th AmendmentThis morning, Senator Rand Paul's office released the following statement: WASHINGTON, D.C. [read post]
28 Mar 2018, 10:15 am
Evan Bernick and I have just posted the second of our projected three-paper series on "Good Faith Constitutionalism," in which we identify the constraints on government officials who exercise discretionary powers. [read post]
12 Sep 2018, 8:37 am
A Republican Senator discusses natural rights, majoriarianism, linguistic ambiguity and the difficulties of identifying original meaningIn the evening of Day 2 of the Senate Judiciary Committee Hearings, in a fascinating discussion, Senator John Kennedy of Louisiana questioned Judge Kavanaugh on inalienable natural rights and the feasibility of originalism (the last of these I highlighed in bold). [read post]
