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22 Sep 2011, 6:16 pm by Glenn Reynolds
Meanwhile, on the subject of constitutional conventions and amendments, there’s also this new issue of the Tennessee Law Review, featuring contributions by everyone from Richard Epstein to Sanford Levinson to Randy Barnett. [read post]
8 Oct 2021, 4:30 am by Keith E. Whittington
The announcement includes this from Randy Barnett: Michael McConnell brilliantly shows how the Philadelphia Convention threaded the needle of creating a strong unitary executive while allocating significant powers to Congress to constrain their abuse. [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]
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]
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]
4 Jul 2021, 8:00 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]
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]
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]
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]
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]