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21 May 2010, 10:47 am by Ilya Somin
And, as Randy Barnett points out, Comstock does not consider the issue of the meaning of the word “proper” in the Necessary and Proper Clause. [read post]
18 Feb 2025, 6:44 pm by Steven Calabresi
Samarth Desai, a second year law student at Yale Law School has a devastating response to this claim, which was recently argued for by Georgetown Law Professor Randy Barnett and University of Minnesota Law Professor Ilan Wurman published in an op-ed in the New York Times. [read post]
1 Apr 2010, 4:05 pm by David Kopel
Like Sanford Levinson, Randy Barnett, of Georgetown Law School, is also the author of a constitutional law textbook; Barnett has commented extensively on the unconstitutionality of Obamacare. [read post]
23 Mar 2010, 6:22 am by Richard Esenberg
In Sunday's Washington Post, Randy Barnett outlined some of the issues surrounding the constitutionality of ObamaCare. [read post]
13 Dec 2013, 8:41 am
A similar but much more expansive point has been made in the United States, by legal scholar Randy Barnett, who has repeatedly argued for a converse “presumption of liberty” where state action challenges the personal liberty of individuals. [read post]
21 Jun 2022, 6:30 am by Guest Blogger
First, Richard Epstein and Randy Barnett contend that Congress can only regulate the sale and transportation of goods across state lines, which furthers their libertarian vision.[19]Concededly, the core meaning of “commerce” has always been trade, but in 1787 its regulation also included market-oriented activities such as manufacturing, banking, and insurance.[20]The Constitution’s ratifiers shared that view, and early ICC legislation (approved by Presidents and… [read post]
7 Dec 2021, 7:51 pm by Ilya Somin
The report does reject arguments that court-packing is unconstitutional, such as that advanced in co-blogger Randy Barnett's testimony before the Commission (see also Joshua Braver's response to Randy here). [read post]
  Here, too, there was no analysis of specific facts, just analysis of the action (or “Act”) of Congress.The one after that, Raich, argued by Conspirator Randy Barnett, took the opposite approach from Lopez. [read post]
1 Apr 2012, 1:48 pm by David Kopel
(Making Natelson the 1st full-time law professor to write something on Barnett’s side of the issue.) [read post]
18 Mar 2025, 4:00 am by Eric Segall
"Similarly, Professors Randy Barnett and Evan Bernick have written  that "originalists hold that: (1) the meaning of a provision of the Constitution was fixed at the time it was enacted... and (2) that fixed meaning ought to constrain constitutional decisionmakers today. [read post]
20 May 2022, 1:56 pm by David Kopel
Randy Barnett and the Commerce Clause Koppelman takes aim a [read post]
29 Feb 2008, 12:53 pm
Introduction There has been some discussion in the blogosphere recently of the constitutional requirement that the United States President be a "natural born citizen. [read post]
28 Feb 2007, 4:32 am
I'm a big Randy Barnett fan, so it was cool to see him speak. [read post]
10 Mar 2015, 9:01 pm by Michael C. Dorf
” To similar effect was Georgetown Law Professor Randy Barnett’s response on the Volokh Conspiracy blog on the Washington Post website. [read post]
2 Aug 2015, 7:30 am by The Public Employment Law Press
By Newman FerraraLLP.Last Updated: July 31, 2015 - Rank this Week: 8 http://www.nyrealestatelawblog.com/The Volokh Conspiracy [Feed] By Eugene Volokh, Dale Carpenter, David Kopel, David Bernstein, David Post, Erik Jaffe, Ilya Somin, Jim Lindgren, Jonathan Adler, Kevan Choset, Orin Kerr, Randy Barnett, Russell Korobkin, Sasha Volokh, Stuart Benjamin, Todd Zywicki & Tyler Cowen.Last Updated: July 31, 2015 - Rank this Week: 9 http://www.volokh.com/SCOTUSblog[Feed] Covers the… [read post]
19 Mar 2017, 8:57 am
Cambridge, MA: Harvard University Press, 1995.Barnett, Randy E. [read post]
1 Jun 2018, 10:21 am by Sandy Levinson
  For some this involves expansion of the welfare state; for others, like devotees of Richard Epstein and Randy Barnett, it could lead to the invalidation of the New Deal, but both the Federalist Society and the American Constitution Society seemingly agree that the focus of our attention should be on the judiciary and on reinforcing the view that the Constitution is just terrific and needs only correct interpretation by honorable judges. [read post]
14 Nov 2020, 1:58 pm by Sandy Levinson
  Indeed, I assigned materials across the ideological spectrum, including the so-called "Texas Plan" put forth by Texas Governor Greg Abbott that advocates nine important structural changes--one of them similar to that advocated by Georgetown Law Professor Randy Barnett that would allow state legislatures to nullify federal legislation--and Lloyd Cutler's article from 1980, "To Form A Government," that advocated a number of changes to strengthen what… [read post]
27 Jan 2016, 10:41 am by Tom Kosakowski
Expanding the Impact of Your Ombuds Office, presented by Tom Barnette, Eric Mayo, Nikolai Pankratievand Steven Cordery34. [read post]