Restoring the lost constitution : the presumption of liberty / / Randy E. Barnett

• Autore: Barnett Randy E
• Pubblicazione: Princeton, New Jersey : , : Princeton University Press, , 2014
• Edizione: Revised edition.
• Descrizione fisica: 1 online resource (449 p.)
• Disciplina: 342.73029
• Soggetto topico: Constitutional history - United States; Constitutional law - United States; Judicial review - United States
• Soggetto genere / forma: Electronic books.
• Soggetto non controllato: Commerce Clause; Congress; Constitution in Exile movement; Constitution; Due Process Clauses; First Amendment; Footnote Four; Fourteenth Amendment; Gibbons v. Ogden; John Marshall; Lawrence v. Texas; Necessary and Proper Clause; Ninth Amendment; Presumption of Liberty; Privileges or Immunities Clause; Slaughter-House Cases; Supreme Court; U.S. Constitution; We the People; commerce; consent of the governed; consent; constitutional interpretation; constitutional law; constitutional legitimacy; constitutional meaning; constitutional scholarship; construction; democracy; divine right; economic liberty; federal courts; federal laws; federal power; government; immunities; interpretation; judges; judicial doctrines; judicial nullification; judicial power; judicial review; judicial supremacy; law; laws; legislation; legislative activism; liberty rights; liberty; majoritarianism; natural rights; necessary and proper; necessity; original intent; original meaning; originalism; police power; popular sovereignty; presumed consent; presumption of constitutionality; privileges; proper; rights; state laws; state power; unconstitutional laws; unenumerable rights; unenumerated rights
• Note generali: "Updated edition"--Cover.
• Nota di bibliografia: Includes bibliographical references and indexes.
• Nota di contenuto: part I. Constitutional legitimacy -- part II. Constitutional method -- part III. Constitutional limits -- part IV. Constitutional powers.
• Sommario/riassunto: 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 1930's, 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.
• Titolo autorizzato: Restoring the lost constitution
• ISBN: 0-691-11585-0; 1-4008-4813-X
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 9910453697903321
• Lo trovi qui: Univ. Federico II