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3 Apr 2020, 5:21 am by Randy E. Barnett
[This wolf comes as a wolf] The Atlantic has just published my response to Adrian Vermuele's Atlantic article Beyond Originalism. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
[My seminar picks for this year (and every year since 2005)] Every year, I teach a seminar called Recent Books on the Constitution. [read post]
7 May 2018, 7:09 am by Randy Barnett
Compton The Constitution Besieged: The Rise & Demise of Lochner Era Police Powers Jurisprudence by Howard Gillman Rehabilitating Lochner: Defending Individual Rights against Progressive Reform by David E. [read post]
10 Sep 2011, 9:01 pm by Randy Barnett
(Randy Barnett) On this tenth anniversary of 9/11, I am in New York, staying at a hotel in Time Square. [read post]
25 Apr 2014, 7:05 am
Professor Barnett must choose: either he is a textual originalist or he is an advocate of social contract theory. [read post]
23 Oct 2015, 3:35 am by Randy Barnett
George Will had a column in yesterday’s Washington post on judicial restraint and the Constitution, and another round of the debate over the proper role of judges has ensued. [read post]
4 Jul 2020, 7:18 am by Randy E. Barnett
[It officially adopted the political theory of the United States: securing the individual rights of We the People] [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]
17 Aug 2020, 6:24 am by Randy E. Barnett
[Making the most of Zoom teaching] We have all experienced how draining Zoom meetings can be and how hard it is to concentrate when a speaker has bad audio. [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]
7 Jul 2017, 12:56 pm by Randy Barnett
What is it about originalism that makes smart living constitutionalist law professors write silly things? [read post]
5 May 2014, 1:59 pm
Indeed, although Congress is empowered to “secur[e] for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,” it has no duty to do so. [read post]
31 May 2012, 8:00 am by JB
Rev. 611Download PDF | AbstractJack Balkin’s Interaction Theory of “Commerce”Randy E. [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]
25 Jun 2015, 2:13 pm
But I believe even honoring the nobler Robert E. [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]
11 Jan 2010, 6:09 pm by E.L. Lipman
McConnell, formerly of the United States Court of Appeals for the Tenth Circuit; Walter E. [read post]