2013, ISBN: 0691159734
[EAN: 9780691159737], Neubuch, [PU: PRINCETON UNIV PR], LEGAL REFERENCE LAW PROFESSION CONSTITUTIONAL POLITICAL SCIENCE CONSTITUTIONS AMERICAN GOVERNMENT JUDICIAL BRANCH, Argues that sinc… More...
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2013, ISBN: 9780691159737
[ED: Kartoniert / Broschiert], [PU: PRINCETON UNIV PR], Argues that since the nation s founding, but especially since the 1930s, the courts have been cutting holes in the original Constit… More...
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ISBN: 9780691159737
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2013, ISBN: 9780691159737
The Presumption of Liberty - Updated Edition, Buch, Softcover, Revised edition, [PU: Princeton University Press], Princeton University Press, 2013
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2013, ISBN: 0691159734
[EAN: 9780691159737], Neubuch, [PU: PRINCETON UNIV PR], LEGAL REFERENCE LAW PROFESSION CONSTITUTIONAL POLITICAL SCIENCE CONSTITUTIONS AMERICAN GOVERNMENT JUDICIAL BRANCH, Argues that sinc… More...
Barnett, Randy E.:
Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition - Paperback2013, ISBN: 9780691159737
[ED: Kartoniert / Broschiert], [PU: PRINCETON UNIV PR], Argues that since the nation s founding, but especially since the 1930s, the courts have been cutting holes in the original Constit… More...
ISBN: 9780691159737
Paperback, [PU: Princeton University Press], Argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and i… More...
2013, ISBN: 0691159734
[EAN: 9780691159737], Gebraucht, guter Zustand, [SC: 8.73], [PU: Oxford University Press, Incorporated], Used book that is in clean, average condition without any missing pages., Books
2013, ISBN: 9780691159737
The Presumption of Liberty - Updated Edition, Buch, Softcover, Revised edition, [PU: Princeton University Press], Princeton University Press, 2013
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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.
Details of the book - Restoring the Lost Constitution
EAN (ISBN-13): 9780691159737
ISBN (ISBN-10): 0691159734
Paperback
Publishing year: 2013
Publisher: Princeton University Press
Book in our database since 2014-02-07T14:15:36-05:00 (New York)
Detail page last modified on 2023-12-04T04:30:09-05:00 (New York)
ISBN/EAN: 9780691159737
ISBN - alternate spelling:
0-691-15973-4, 978-0-691-15973-7
Alternate spelling and related search-keywords:
Book author: barnett, rand, barnet
Book title: you have come second you have lost, the constitution liberty
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