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Restoring the Lost Constitution Randy E. Barnett

Restoring the Lost Constitution By Randy E. Barnett

Restoring the Lost Constitution by Randy E. Barnett


$51.99
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Summary

The US Constitution found in school textbooks is not the one enforced by the Supreme Court. This text argues that since the nation's foundation - and especially since the 1930s - the courts have been cutting holes in the original Constitution in favour of governmental power over liberty.

Restoring the Lost Constitution Summary

Restoring the Lost Constitution: The Presumption of Liberty by Randy E. Barnett

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 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.

Restoring the Lost Constitution Reviews

A hopeful work--provocative, documented, resolute, reasoned, readable--delightfully devoid of legalistic obtuseness. It lights up a road back to limited government, albeit a steep road. -- Willian H. Peterson Washington Times This book is terrific in demonstrating the natural rights background to our Constitution and demonstrating that all rights cannot be listed in the Constitution... [A]n excellent work. -- Ronald Kahn Law and Politics Book Review

About Randy E. Barnett

Randy E. Barnett is Austin B. Fletcher Professor of Law at Boston University School of Law and Senior Fellow of the Cato Institute. He is the author of "The Structure of Liberty: Justice and the Rule of Law".

Table of Contents

Preface ix INTRODUCTION Why Care What the Constitution Says? 1 PART I. Constitutional Legitimacy CHAPTER ONE The Fiction of "We the People": Is the Constitution Binding on Us? 11 CHAPTER TWO Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People 32 CHAPTER THREE Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities 53 PART II. Constitutional Method CHAPTER FOUR Constitutional Interpretation: An Originalism for Nonoriginalists 89 CHAPTER FIVE Constitutional Construction: Supplementing Original Meaning 118 CHAPTER SIX Judicial Review: The Meaning of the Judicial Power 131 PART III. Constitutional Limits CHAPTER SEVEN Judicial Review of Federal Laws:The Meaning of the Necessary and Proper Clause 153 CHAPTER EIGHT Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause 191 CHAPTER NINE The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong 224 CHAPTER TEN The Presumption of Liberty: Protecting Rights without Listing Them 253 PART IV. Constitutional Powers CHAPTER ELEVEN The Proper Scope of Federal Power: The Meaning of the Commerce Clause 274 CHAPTER TWELVE The Proper Scope of State Power:Construing the "Police Power" 319 CHAPTER THIRTEEN Showing Necessity: Judicial Doctrines and Application to Cases 335 CONCLUSION Restoring the Lost Constitution 354 Index of Cases 359 Index of Names 360 General Index 363

Additional information

GOR012738273
9780691115856
0691115850
Restoring the Lost Constitution: The Presumption of Liberty by Randy E. Barnett
Used - Very Good
Hardback
Princeton University Press
2004-01-04
384
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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