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25 Oct 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on James E. [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]
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]
28 Jun 2022, 11:46 am by Randy E. Barnett
[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]
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]
14 Jun 2022, 2:29 pm by Randy E. Barnett
[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 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]
20 May 2022, 1:56 pm by David Kopel
Randy Barnett and the Commerce Clause Koppelman takes aim a [read post]
18 May 2022, 9:36 am by Randy E. Barnett
[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]
13 Apr 2022, 6:23 am by Ryan Goodman
The letter states: “[E]ven as we continue to support Ukraine and work to bring this conflict to a close, all elements of our government should collect and preserve evidence of Russia’s possible war crimes. we[sic] commend the Administration’s public commitments to support investigations by the ICC and other institutions into Russia’s conduct. [read post]
10 Apr 2022, 6:00 am by Lawrence Solum
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]
24 Jan 2022, 9:05 pm by Dan Flynn
Eskin met on Aug. 9 with Randy Russell of The Russel Group and Kathryn Unger, vice president for North America Government Relations at Cargill regarding an “Industry Transaction. [read post]
17 Dec 2021, 6:20 am by Gerard N. Magliocca
” –Randy E Barnett, Georgetown Law, and author of The Original Meaning of the 14th Amendment: Its Letter and Spirit“Magliocca’s biography is a remarkable achievement. [read post]