Read Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition

Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition

Randy E. Barnett

4.9/5 (12643 ratings)

Description: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.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition. To get started finding Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Pages: —

Format: PDF, EPUB & Kindle Edition

Publisher: —

Release: —

ISBN: 140084813X

Description: 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.We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition. To get started finding Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

Special Offer | $0.00

Special Offer! | $0.00

Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition

Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition

More Books

An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know

An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know

Our Republican Constitution

Our Republican Constitution

Restoring the Lost Constitution: The Presumption of Liberty

Restoring the Lost Constitution: The Presumption of Liberty

The Structure of Liberty: Justice and the Rule of Law

The Structure of Liberty: Justice and the Rule of Law

The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

Contracts: Cases and Doctrine

Contracts: Cases and Doctrine

The Rights Retained by the People: The History and Meaning of the Ninth Amendment (Volume 1)

The Rights Retained by the People: The History and Meaning of the Ninth Amendment (Volume 1)

By Randy E. Barnett - Contracts: Cases and Doctrine (Aspen Casebooks) (5th Edition) (3/28/12)

By Randy E. Barnett - Contracts: Cases and Doctrine (Aspen Casebooks) (5th Edition) (3/28/12)

Perspectives on Contract Law

Perspectives on Contract Law