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Restoring the Lost Constitution: The Presumption of Liberty - Randy E. Barnett
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Randy E. Barnett:
Restoring the Lost Constitution: The Presumption of Liberty - new book

1930, ISBN: 9781400825844

ID: 9781400825844

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. eBook

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Restoring the Lost Constitution: The Presumption of Liberty - Randy E. Barnett
book is out-of-stock
(*)
Randy E. Barnett:
Restoring the Lost Constitution: The Presumption of Liberty - used book

1930, ISBN: 9781400825844

ID: 9781400825844

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. eBook

Used or antiquarian book
Kobo
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Restoring the Lost Constitution - Barnett, Randy E. E.
book is out-of-stock
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Barnett, Randy E. E.:
Restoring the Lost Constitution - new book

ISBN: 9781400825844

ID: 9781400825844

The Presumption of Liberty, The Presumption of Liberty, [KW: LAW , CHILD ADVOCACY ,EPUB ,LEGAL REFERENCE , LAW PROFESSION ,CONSTITUTIONAL ADMINISTRATIVE LAW ,FAMILY LAW CHILDREN] <-> <-> LAW , CHILD ADVOCACY ,EPUB ,LEGAL REFERENCE , LAW PROFESSION ,CONSTITUTIONAL ADMINISTRATIVE LAW ,FAMILY LAW CHILDREN

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