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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]
23 Jan 2018, 10:53 am
While I'm not surprised to see this sort of misleading rhetoric used by the head of an advocacy group, the article quoted Professor Randy Barnett who blogs at the excellent Volokh Conspiracy, who made an unfortunately similar point:The legislation might make Iowa “the leading edge of protecting the civil right” to bear arms, said Randy Barnett, a law professor at Georgetown University. [read post]
23 Jan 2018, 10:53 am
While I'm not surprised to see this sort of misleading rhetoric used by the head of an advocacy group, the article quoted Professor Randy Barnett who blogs at the excellent Volokh Conspiracy, who made an unfortunately similar point:The legislation might make Iowa “the leading edge of protecting the civil right” to bear arms, said Randy Barnett, a law professor at Georgetown University. [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]
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 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]
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]
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]
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]
15 Sep 2018, 9:17 am
And why write dissenting and concurring opinions? [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]
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]
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]
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]
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]
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]
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]
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]
