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21 Mar 2023, 7:01 am by Randy E. Barnett
[My seminar picks for 2023 (and every year since 2005).] [read post]
1 Feb 2023, 7:31 am
It is therefore a mistake to call these opinions originalist, as many have.Enter Randy Barnett and Lawrence Solum and their recent draft article, "Originalism After Dobbs, Bruen, and Kennedy: The Role of History and Tradition. [read post]
28 Jan 2023, 10:41 am by Randy E. Barnett
[The Proper Role of History and Tradition] In three cases last term, the constitutional concepts of history and tradition played important roles in the reasoning of the Supreme Court. [read post]
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]