Search for: "Randy Barnett"
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5 Jul 2022, 12:50 pm
Randy E. [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]
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]
27 Jun 2022, 2:00 pm
Randy E. [read post]
21 Jun 2022, 6:30 am
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]
15 Jun 2022, 9:30 pm
Over at Volokh Conspiracy, my Georgetown Law colleague Randy Barnett has listed the selections for his seminar, “Recent Books on the Constitution,” since 2005. [read post]
14 Jun 2022, 2:29 pm
[My seminar picks for 2022 (and every year since 2005)] Every year, I teach a seminar called Recent Books on the Constitution. [read post]
5 Jun 2022, 6:00 am
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]
2 Jun 2022, 12:50 pm
He writes, with respect to Randy Barnett’s narrow reading of the commerce power: Koppelman accurately states, "If Barnett's discoveries mean what he thinks they mean, then much of present federal law is unconstitutional. [read post]
24 May 2022, 8:55 am
Randy E. [read post]
24 May 2022, 4:00 am
The piece is complex and much can and has been said about it by it other theorists but I want to focus (again) on one aspect of the article that I wrote about previously because that part of Professor Solum's article was also used by Professor Randy Barnett in his recent and interesting review of Adrian Vermeule's book "Common Good Constitutionalism. [read post]
20 May 2022, 1:56 pm
Randy Barnett and the Commerce Clause Koppelman takes aim a [read post]
20 May 2022, 7:15 am
On the one hand, Justice Thomas and scholars such as Richard Epstein and Randy Barnett have contended that the Supreme Court from 1836–1936 correctly interpreted the CC as authorizing Congress to regulate as “commerce” only the sale or transportation of goods. [read post]
18 May 2022, 9:36 am
[My review of Adrian Vermeule's book, "Common Good Constitutionalism"] My review of Adrian Vermeule's new book Common Good Constitutionalism in the Claremont Review of Books is now posted. [read post]
2 May 2022, 4:30 am
Similarly, the originalist methodologies favored by Professor Randy Barnett, with a fairly large "construction zone" informed by Barnett's libertarian values, provide judges enormous flexibility to inject their own values into the law. [read post]
13 Apr 2022, 6:23 am
Sponsor: Michael Burgess (R-TX) Cosponsors (38 Republicans): Marcy Kaptur (D-OH) Nicole Malliotakis (R-NY) Andre Carson (D-IN) Mike Quigley (D-IL) Andy Harris (R-MD) David McKinley (R-WV) Bill Johnson (R-OH) Steve Cohen (D-TN) Brian Fitzpatrick (R-PA) William Timmons (R-SC) Chris Pappas (D-NH) Fred Upton (R-MI) Mo Brooks (R-AL) Dan Crenshaw (R-TX) Eric Swalwell (D-CA) Ann Kuster (D-NH) Earl “Buddy” Carter (R-GA) Mike Johnson (R-LA) Gregory Steube (R-FL) Jim Costa (D-CA) Rodney Davis… [read post]
10 Apr 2022, 6:00 am
History of the Interpretation-Construction Distinction My impression is that many legal scholars believe that the interpretation-construction distinction was introduced by Keith Whittington and popularized by Randy Barnett as as part of the emergence of the "new originalism" in the late 1990s. [read post]
2 Apr 2022, 8:05 am
It was an honor to appear on a podcast whose previous guests include numerous prominent legal scholars and commentators, including Volokh Conspiracy co-bloggers Randy Barnett, Orin Kerr, Eugene Volokh, and Keith Whittington, among others. [read post]
22 Feb 2022, 7:02 am
A few weeks ago, I wrote a positive review of a new book on the Fourteenth Amendment written by Professors Randy Barnett and Evan Bernick. [read post]
11 Feb 2022, 12:56 pm
My brief, co-written with several other lawyers, including University of Wyoming law professor George Mocsary, is on behalf of a dozen professors of Second Amendment law, including the VC's Randy Barnett. [read post]
