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17 Dec 2021, 6:20 am by Gerard N. Magliocca
” –Randy E Barnett, Georgetown Law, and author of The Original Meaning of the 14th Amendment [read post]
18 Dec 2019, 9:01 am
Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (by Josh Blackman and Randy [read post]
24 Mar 2019, 6:30 am by Dan Ernst
Law, has posted The Enumerated Rights Reading of the Privileges or Immunities Clause: A Response to Randy [read post]
5 Jul 2024, 7:51 am by Randy E. Barnett
[5 ways libertarianism needs to up its game.] As I describe in my new memoir, A Life for Liberty: The Making of an American Originalist, I have identified as a libertarian since I was a junior in college. I still do. But for at least the past 10-15 years, I have felt that libertarianism as a political theory needed to be updated. In that same time period, I have noticed a growing schism among libertarians along lines that is difficult to define precisely. In recent years, many of those on… [read post]
18 May 2022, 9:36 am by Randy E. Barnett
[My review of Adrian Vermeule's book, "Common Good Constitutionalism"] My review of Adrian Vermeule's new book Common Good Constitutionalism in the Claremont Review of Books is now posted. You can download it here. There was more in the book with which I agreed than I expected. But ultimately, I think it fails as either a critique of originalism or as a presentation of a viable alternative to it. Here is the abstract: In this review, I explain how "Common Good… [read post]
4 Jul 2024, 1:06 pm by Randy E. Barnett
[My seminar picks for 2024 (and every year since 2005).] Each fall, I teach a seminar called Recent Books on the Constitution. I initially designed this course when I visited Georgetown in 2005. At that time, because I tend to read what relates directly to my current projects, I felt that I was not keeping up with the literature. By assigning recent books on the Constitution to read as part of my teaching, I would actually read them. This has really worked for me. I have now read a lot of books on… [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
Rethinking American Constitutionalism (Kansas, 2003)     To get the Volokh Conspiracy Daily e-mail [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. I initially designed this course when I visited Georgetown in 2005. Because I tend to read what relates directly to my current projects, I felt that I was not keeping up with the literature. By assigning recent books on the Constitution to read as part of my teaching, I would actually read them. This has really worked for me. The complete list of all the books I have… [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 [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." It also draws upon Sean Wilentz, No Property in… [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. Dobbs v. Jackson Women's Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Association v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton… [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. Bruen is now up on SCOTUSBlog. It is pithily entitled: A minor impact on gun laws but a potentially momentous shift in constitutional method. In it, I describe the extensive "shall issue" process I underwent to obtain my concealed carry license in DC for the many who have no idea what this process entails. I had to pay an… [read post]
4 Jul 2025, 3:22 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 in… [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]