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6 Jul 2012, 7:12 am
Further general reporting on the substantive aspects of the decision comes from CNN, and commentary comes from Randy Barnett at The Volokh Conspiracy, in an analysis of the “unprecedented uniqueness” of the Chief Justice’s opinion. [read post]
13 Jan 2025, 5:01 am
When I accepted Randy Barnett's offer to become executive director of Georgetown's Center for the Constitution, I thought it would be a chance to have a different kind of impact on public affairs. [read post]
5 Dec 2006, 8:26 am
Consider the illuminating suggestion by Randy Barnett, a committed originalist: "Given a sufficiently good constitutional text, originalists maintain that better results will be reached overall if government officials— including judges—must stick to the original meaning rather than empowering them to trump that meaning with one that they prefer. [read post]
6 Oct 2010, 1:25 am
For a more detailed and thorough argument as to why the mandate is “improper” see Randy Barnett’s important recent article (pp. [read post]
18 Jun 2024, 5:00 am
”—Randy E. [read post]
4 May 2017, 11:09 am
This is of course in line with the scholarship of George Mason's David Bernstein and prominent originalist Randy Barnett. [read post]
21 May 2018, 2:46 am
And Georgetown Law professor Randy Barnett, who argued a major case about marijuana at the Supreme Court, Raich v Gonzales, said on his Twitter account that “this is entirely different than Raich, which did not authorize Congress to tell California what its medical marijuana policy must be. [read post]
6 Oct 2023, 11:54 am
The amici are several law professors, including the VC's Randy Barnett, the Second Amendment Law Center, and the Independence Institute, where I am Research Director. [read post]
10 Jul 2012, 2:11 pm
Randy Barnett breaks down, and criticizes, Justice Robert’s analysis under the Taxing Power in this post at The Volokh Conspiracy. [read post]
29 May 2012, 2:44 pm
As Randy Barnett points out in his reply to Rosen, the Court is highly unlikely to adopt a rule that requires it to carefully scrutinize Congress’ collective action arguments. [read post]
2 Aug 2022, 12:10 pm
Deployment of the interpretation-construction distinction was a hallmark of the so-called "New Originalism," which traces back to the late 1990s and is found in the work of Keith Whittington and Randy Barnett. [read post]
20 Jul 2022, 12:59 pm
Indeed, Dale and I (along with several other federalism scholars, including VC bloggers Randy Barnett and Jonathan Adler) filed an amicus brief in Windsor v. [read post]
8 Aug 2011, 8:04 am
In a passage dismissing Randy Barnett’s claim that the framers ultimately rejected Resolution VI, Balkin writes:“[T]here is no evidence that the convention rejected the structural principle stated in Resolution VI at any point during its proceedings. [read post]
16 Jul 2012, 12:30 am
(Notably, the leading academic proponent of the activity/inactivity distinction that prevailed in the Commerce Clause portion of the ACA Case, Randy Barnett, strongly favors unenumerated rights as well.) 2) Judicially enforce the unenumerated rights but not the limits on the enumerated powers of Congress. [read post]
16 May 2023, 5:01 am
As I said yesterday, some people, like Randy Barnett, think it means what it says and protects rights beyond those enumerated. [read post]
21 Dec 2010, 10:26 am
Hall has kindly agreed to guest blog today on the ongoing debate over the constitutionality of the individual mandate in the ACA. . . . by channeling Justice Story: This just in: Stirred by the arguments of Randy Barnett, Ilya Somin, Judge Hudson and others, Justice Joseph Story — miraculously from the grave! [read post]
Tick, Tick, Tick: One Month Before the Release of “The Indispensable Right” and Early Reviews are In
18 May 2024, 3:00 am
”—Randy E. [read post]
16 Mar 2011, 10:24 pm
That’s a key reason why many libertarians, but almost no conservatives, favor moving the criminal justice system towards a model based on restitution rather than punishment (see this article by co-blogger Randy Barnett). [read post]
2 Mar 2010, 6:45 am
Finally, also at the Volokh Conspiracy, Randy Barnett covers the interaction between Dred Scott, the Fourteenth Amendment, and the Slaughter-House Cases in defining the Privileges or Immunities Clause at issue in McDonald. [read post]
28 Sep 2011, 8:13 am
., attorney (and also signed by one of the mandate’s severest academic critics, Georgetown law professor Randy M Barnett), the lawyers argued that “this case is the best vehicle for definitively resolving the validity of the entire ACA.” The Sixth Circuit ruling in the Thomas More case, the document added, “is a poor vehicle. [read post]
