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16 Apr 2010, 11:35 am by Orin Kerr
(Orin Kerr) My co-blogger Randy asks for my explanation of part of a blog comment I left over at Prawfs [read post]
4 Jul 2024, 7:13 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. It also draws upon Sean Wilentz, No Property… [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." It also draws upon Sean Wilentz, No… [read post]
30 Jul 2018, 9:28 am by Randy Barnett
Says private discussions and Kavanaugh's strong record eased his concerns about the 4th AmendmentThis morning, Senator Rand Paul's office released the following statement: WASHINGTON, D.C. – Today, U.S. Senator Rand Paul (R-KY), who last week met with U.S. Supreme Court nominee Judge Brett Kavanaugh, released the following statement concerning Judge Kavanaugh's nomination: "After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination.… [read post]
4 Oct 2016, 7:49 am by Sandy Levinson
 Randy Barnett and many others hate his Lochner dissent, which, of course, basically licensed untrammeled [read post]
2 Apr 2012, 9:43 am by Andrew Koppelman
  It stands or falls with thatanalysis.Randy Barnett was also fooled. [read post]
14 Aug 2006, 7:27 am
Academy Gordon Smith (Wisconsin; Conglomerate): Bit By Bit: A Case Study of Bloggership Commentators Randy [read post]
11 Sep 2013, 1:44 pm by Kali Borkoski
, which will also include Michael Carvin, Greg Katsas, Erin Murphy, Paul Smith, Alan Morrison, Randy [read post]
17 Nov 2016, 10:56 am by Tom Smith
” via www.wsj.com Randy Barnett. Stare decisis is indeed the question. [read post]
28 Jun 2012, 1:37 pm by Dan Filler
Mike Dorf here Jonathan Adler here Tim Jost here Randy Barnett here Larry Solum here, here, here [read post]
2 Jun 2022, 12:50 pm by Andrew Koppelman
  He writes, with respect to Randy Barnett’s narrow reading of the commerce power: Koppelman [read post]
15 Nov 2023, 5:30 am by Josh Blackman
A few moments later, Georgetown University Law Center professor Randy Barnett joined the conversation [read post]
24 Nov 2023, 8:25 am by Ilya Somin
VC-ers also published two other books in 2021 and 2022: Randy Barnett's The Original Meaning of [read post]
27 Jun 2008, 10:34 am
themselves.Unfortunately, Scalia is in the grips of an unusually limited form of originalism, unlike Randy [read post]
29 Jul 2018, 1:14 pm by Randy Barnett
The upside greatly outweighs any downsideJust as no major party is perfectly libertarian, neither party is likely to appoint judges who will please all libertarians. In part, this is because libertarians--like others--often judge the courts by their results, not how those results are reached. I myself do not look for a libertarian judge. Instead, I look for a judge who (a) will seek to follow the original meaning of the text of the Constitution, (b) has the intestinal fortitude to invalidate the… [read post]
15 Sep 2018, 8:53 am by Randy Barnett
"the whole document tilts toward liberty"--more on Judge Kavanaugh's judicial philosophyIn my two previous posts, I highlighted Judge Brett Kavanaugh's testimony about originalism and an interesting exchange he had about inalienable rights with Senator John Kennedy. The subject of unenumerated rights was also raised Senator Cruz. I reproduce that exchange here along with some comments on the separation of powers and an independent judiciary [with my commentary in brackets].… [read post]
25 Aug 2022, 12:26 pm by Josh Blackman
round of videos for the Second Edition of An Introduction to Constitutional Law] In 2017 and 2018, Randy [read post]