Restoring the Lost Constitution: The Presumption of Liberty

Restoring the Lost Constitution The Presumption of Liberty The U S Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court In Restoring the Lost Constitution Randy Barnett argues that since the

  • Title: Restoring the Lost Constitution: The Presumption of Liberty
  • Author: Randy E. Barnett
  • ISBN: 9780691123769
  • Page: 118
  • Format: Paperback
  • The U.S Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court In Restoring the Lost Constitution, Randy Barnett argues that since the nation s founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect lThe U.S Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court In Restoring the Lost Constitution, Randy Barnett argues that since the nation s founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

    • Free Read [Cookbooks Book] ☆ Restoring the Lost Constitution: The Presumption of Liberty - by Randy E. Barnett ✓
      118 Randy E. Barnett
    • thumbnail Title: Free Read [Cookbooks Book] ☆ Restoring the Lost Constitution: The Presumption of Liberty - by Randy E. Barnett ✓
      Posted by:Randy E. Barnett
      Published :2018-04-14T17:20:21+00:00

    One thought on “Restoring the Lost Constitution: The Presumption of Liberty

    1. Mike

      In the case of Mike P v Restoring the Lost Constitution: The Presumption of Liberty, the court handed down an unanimous decision, 5 Stars. Last summer I was making my way across the country (returning from a Midwest family wedding) when I heard on successive days about two Supreme Court decisions (Jun 25, 2015, King v. Burwell and Jun 26, 2015, Obergefell v. Hodges). A comment on the radio was made that with these decisions, the Supremes had destroyed both statutory law and common law as guiding [...]

    2. Aaron Crofut

      I almost don't know where to start. This book, unlike most written by scholars today, is both readable and tightly woven together with very little extraneous material. I'm not even going to attempt a proper review, but rather note a few points that really impressed me: I definitely have a new found respect for the Ninth Amendment. The anti-federalists had a good point in fearing the Bill of Rights would be treated as the extent of rights to be protected, though the rights that need to be protect [...]

    3. James

      In 2003, the Supreme Court declared that people who challenge the constitutionality of an economic regulation must "negative every conceivable basis" for that regulation if they are to prevail (Fitzgerald v. Racing Ass'n of Central Iowa). In other words, laws controlling private property or economic activity are presumed constitutional unless shown to be utterly arbitrary, without any evidence whatsoever in their favor. There was nothing novel about this: the Supreme Court has held this view for [...]

    4. Adrienne

      This is a good book because it asks new "why nots" about constitutional interpretation I didn't hang on every word; it can for the most part be skimmed. My favorite part is the explanation (in the introduction I think) of why the author did not like constitutional law when he was in law school, which I think was refreshingly honest.

    5. Melissa

      I don't agree with Barnett, but he makes a compelling case right up until he addresses the question of what sorts of checks on judicial authority would be necessary. He covers those in about a page. In one sense, this is an old-fashioned book: Barnett is more concerned with the overreaches of a legislature than with the overreaches of the executive or judicial branches, which was one of the leading concerns in the founding era. I don't know that time has justified that concern.

    6. The Thousander Club

      Adam C. Zern shares his thoughts . . . "Randy Barnett's Restoring the Lost Constitution is an 'achievement' book. Although not as long or as difficult to read as some books I have read, finishing Restoring the Lost Constitution left me feeling filled and enlightened, even accomplished on a small scale. There is a tremendous amount of information - historical, legal, ideological - in Randy Barnett's book. Completing it made me feel like a genuinely smarter person.I love American history and study [...]

    7. Sean Rosenthal

      Interesting Quote:"Contrary to the claims of critics of classical liberalism, then, natural rights are not conceived as 'presocial'; [88] nor do they assume 'atomistic' individuals. Rather, natural rights are those rights that are needed precisely to protect individuals and associations from the power of others--including the power of the stronger, of groups, and of the State--when and only when persons are deeply enmeshed in a social context. Such rights would be entirely unnecessary if individ [...]

    8. Randy Quarles

      Restoring the Lost Constitution is an excellent, scholarly work. It details how the Supreme Court has skewed the Constitution with intellectually shabby and result-oriented opinions, particuarly since the New Deal era. According to the Court, much of the Constitution either doesn't say what it says, or doesn't mean what it says. Professor Barnett's book might be a difficult read in places for those who aren't already fairly familiar with the document's history and text. But it is well worth the [...]

    9. Furb

      Restoring the Lost Constitution did a pretty good job at establishing the Presumption of Liberty which the courts ought to be employing when rendering their decisions. However, I disagree with the basic premise of the book which is that the Constitution is binding upon all in conscience, whether or not you consent to be governed. I think that if federal courts adopted Barnett's premise of adjudication then the results of the courts would be a lot more consistent. Many arguments over semantics an [...]

    10. Vladimir

      Do you make statements about Constitutionality, or listen to those who do, all the while having an almost mythical impression of the Constitution (for better or for worse) as some supremely powerful yet vague and abstract object? This book offers intellectual and moral salvation from the tea leaves of modern political punditry and practice. The Constitution is a legal document that you can understand, and you can feel good about it if you don't get caught up in how it's been treated by the gover [...]

    11. Martha Smith

      A friend recommended this book to me. I am thankful I read this book. Law professor Randy Barnett hit a home run! This book is very interesting and it is well researched. This should be required reading for any student who wants to understand our current US Constitution. I plan to read this book again in the future.

    12. Jason

      Barnett was my con law professor. He's a fierce libertarian and an originalist to be reckoned with. He lays to bed all the straw men passed for originalist constitutional interpretation these days and puts forth a comprehensive approach to constitutional theory. I don't know if I'll ever escape his influence on my own amateurish legal thought.

    13. Steve Herreid

      Loved the book. Cogent defense of "the presumption of liberty" approach to constitutional law. Unique in that it was scholarly yet understandable to a layman like me with no legal training. Highest recommendation.

    14. Purple Wimple

      this has become a classic in the libertarian legal world-- it's a thorough (and brilliant) philosophical basis for limited government.

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