Restoring The Lost Constitution

Restoring the Lost Constitution PDF
Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
Size: 71.94 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 448

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Restoring The Lost Constitution

by Randy E. Barnett, Restoring The Lost Constitution Books available in PDF, EPUB, Mobi Format. Download Restoring The Lost Constitution books, 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. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.



Michigan Law Review

Michigan Law Review PDF
Author:
Publisher:
ISBN:
Size: 20.85 MB
Format: PDF, Mobi
Category : Law reviews
Languages : en
Pages :

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Michigan Law Review

by , Michigan Law Review Books available in PDF, EPUB, Mobi Format. Download Michigan Law Review books,



Proceedings

Proceedings PDF
Author: Association of American Law Schools
Publisher:
ISBN:
Size: 11.99 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages :

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Proceedings

by Association of American Law Schools, Proceedings Books available in PDF, EPUB, Mobi Format. Download Proceedings books,



Unsere Gemeinsame Zukunft

Unsere gemeinsame Zukunft  PDF
Author: Volker Hauff
Publisher:
ISBN: 9783923166169
Size: 36.22 MB
Format: PDF, ePub, Mobi
Category :
Languages : de
Pages : 421

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Unsere Gemeinsame Zukunft

by Volker Hauff, Unsere Gemeinsame Zukunft Books available in PDF, EPUB, Mobi Format. Download Unsere Gemeinsame Zukunft books,



Our Republican Constitution

Our Republican Constitution PDF
Author: Randy E. Barnett
Publisher: HarperCollins
ISBN: 0062412302
Size: 43.41 MB
Format: PDF
Category : Political Science
Languages : en
Pages : 320

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Our Republican Constitution

by Randy E. Barnett, Our Republican Constitution Books available in PDF, EPUB, Mobi Format. Download Our Republican Constitution books, A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.



Constitutional Law

Constitutional Law PDF
Author:
Publisher:
ISBN:
Size: 10.34 MB
Format: PDF, ePub
Category : Constitutional law
Languages : en
Pages :

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Constitutional Law

by , Constitutional Law Books available in PDF, EPUB, Mobi Format. Download Constitutional Law books,



First Things

First Things PDF
Author:
Publisher:
ISBN:
Size: 64.98 MB
Format: PDF, Kindle
Category : Religion
Languages : en
Pages :

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First Things

by , First Things Books available in PDF, EPUB, Mobi Format. Download First Things books,