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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]
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]
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]
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 Apr 2012, 8:13 am by Randy Barnett
” [Footnote:  The exception was Randy E. [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]
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]
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 2023, 6:57 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]
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 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 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]
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]