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4 Jul 2024, 7:13 am by Randy E. Barnett
[It officially adopted the American Theory of Government: First Come Rights; Then Comes Government to Secure These Rights.] [read post]
4 Jul 2022, 5:26 am by Randy E. Barnett
[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]
16 Apr 2016, 11:57 am by Tom Smith
So-called “substantive due process” has long been criticized progressives and conservatives as a contradictory interpretation of the Due Process Clauses, and one that undermines the popular sovereignty of We the People to govern themselves. [read post]
23 Dec 2009, 3:11 pm by Ilya Somin
The "right-wing think tank" study cited by Ensign and DeMint was actually coauthored by co-blogger Randy Barnett, one of the nation's most prominent constitutional law scholars, and an expert on the original meaning of the Commerce Clause (the provision usually cited as authorizing Congress to impose the mandate). [read post]
30 Jul 2007, 9:21 am
  And there's David Zaring and Charles Yablon and Mike Guttentag and Randy Barnett and Brian Tamanaha. [read post]
15 Jul 2022, 9:30 pm by ernst
Jack Rakove, Randy Barnett and others on how the Supreme Court is shaping the United States (BBC). [read post]
5 Jun 2022, 6:00 am by Lawrence Solum
The phrase “New Originalism” was first used Evan Nadel in 1996, but the phrase was popularized by Randy Barnett and Keith Whittington a few years later. [read post]
6 Jul 2012, 4:57 am by Randy Barnett
(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]
31 May 2012, 8:00 am by JB
Rev. 611Download PDF | AbstractJack Balkin’s Interaction Theory of “Commerce”Randy E. [read post]
5 Jul 2012, 5:40 am by Randy Barnett
(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]