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| | Randy Barnett - Wikipedia, the free encyclopedia |
 | | Barnett is a leading proponent of the view that the "rights retained by the people" in the Ninth Amendment are judicially enforceable (through the presumption of liberty). | | | Barnett is also a lead lawyer for the plaintiffs in Gonzales v. | | | Barnett holds that private adjudication and enforcement of law, with market forces eliminating inefficiencies and inequities, is the only legal system that would provide adequate solutions to the problems of interest, power, and knowledge. |
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http://en.wikipedia.org/wiki/Randy_Barnett
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| | Restoring The Lost Constitution: The Presumption of Liberty. |
| | Barnett presumes that the founders had a distrust of political power, and the Ninth Amendment and Privileges or Immunities Clause were placed in the Constitution so courts could limit the abuse of power. | | | Barnett argues that the people are not required to obey laws because they agreed to them, because the people never agreed to the Constitution. | | | Barnett is arguing that judges should be authorized to make such distinctions, because under our constitutional system the only other real option is to allow the legislature to judge its own laws. |
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http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/barnett1104.htm
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| | Amazon.com: Restoring the Lost Constitution : The Presumption of Liberty: Books: Randy E. Barnett |
| | Barnett also argues that the "privileges and immunities" clause of the 14th Amendment was used incorrectly (too narrowly) in the 1873 Slaughter House cases, but the "due process" clause of the same Amendment was used correctly in Lochner v. | | | Barnett argues, by contrast, that the proper presumption is one of liberty, which can only be limited or regulated by justification from a specific power granted to Congress, or a police power granted to the states which does not eliminate any liberties or natural rights. | | | Barnett examines the judicial history of the "necessary and proper" clause of Article I, Section 8, and argues that the Supreme Court made a wrong turn way back in 1819 in McCulloch v. |
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http://www.amazon.com/exec/obidos/tg/detail/-/0691115850?v=glance
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| | Supreme Saviors by J.H. Huebert |
| | Barnett believes that with these few words the Constitution requires federal courts to impose almost the whole libertarian program upon the states. | | | Randy Barnett is among the world’s leading libertarian academics and lawyers, perhaps second only to Richard Epstein in influence. | | | Barnett, Randy E. "Was Slavery Unconstitutional Before the Thirteenth Amendment?: Lysander Spooner’s Theory of Interpretation." Pacific Law Journal 29 (977). |
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http://www.lewrockwell.com/orig3/huebert9.html
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| | Justice: Libertarian Style |
| | According to Barnett, “Where the legal system has moved away from a conception of justice based on several property and freedom of contract it has been largely a result of legislation inspired by academic, self-styled reformers” (125). | | | Unfortunately, self-defense against unlawful arrest or state-sanctioned rights-violating conduct in general is not discussed by Barnett, though it is well recognized in the common law, if not consistently so by the court on which I sit. | | | If we are to construct a classically liberal conception of justice focused on the protection of individual rights, and sparingly define them at that, we must still consider what to do about those who violate the rights that we may carefully and sparingly, but necessarily, define. |
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http://www.libertysoft.com/liberty/reviews/85sanders.html
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| | What a Natural Rights Regime Requires |
| | Barnett pays homage to Lon Fuller’s analysis of what truly is the nature of law as law: Laws must be promulgated, general, consistent, stable, and so on, but Barnett adds the fact that neither human experience nor rights are static but are subject to cultural evolution. | | | Barnett does acknowledge natural law, but, for him, it is a contingent set of norms left to the area of morals and left out of the area of rights and law. | | | Randy Barnett’s articles on contract, the Second Amendment, and the Ninth Amendment have been all important statements. |
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http://www.acton.org/publicat/randl/review.php?id=311
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| | The Cato Institute - Online Bookstore: Product Details |
| | 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. | | | It is surprising that a scholar as learned and competent as Barnett should undertake the defense of libertarianism--a perspective on the state and on law unfashionable among the intelligentsia for a century. | | | 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. |
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http://www.catostore.org/index.asp?fa=ProductDetails&method=cats&scid=15&pid=1441192
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| | Reason magazine -- January 1999 |
| | Barnett has to agree with this conclusion, so it would be nice to see him call outright for the repeal of Title VII of the 1964 Civil Rights Act and similar legislation. | | | Barnett could have advanced his case mightily by pointing out that a system based on freedom of contract avoids these multiple embarrassments by reducing tout court the opportunities for political intrigue. | | | These theories compare social states--claiming, for example, that social state A should be preferred to social state B if one person is better off in state A than in state B, and everyone else is at least as well off. |
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http://www.reason.com/9901/bk.re.thelibertarian.html
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| | FT August/September 2004: Books in Review |
| | Randy Barnett may portray the Constitution as too single-minded, but he brilliantly argues that it does have a mind of its own, and that judges must be governed by it rather than seeking to change it. | | | It would seem that courts newly armed with this presumption would be duty-bound to scrutinize our law for the last remnants of moral principles, of tradition, and of concern for the common good—for anything that would restrict the autonomy of individuals and of consenting, contracting adults. | | | The common law is yet another source rarely mentioned by Barnett, who seems to acknowledge it selectively: he likes the common law’s fixed meanings for property rights but eschews its precedents about morality, duties, or speech. |
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http://www.firstthings.com/ftissues/ft0408/reviews/barnett.htm
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| | The Federalist Society at Yale Law School |
| | Barnett thinks that the Rehnquist Court had a "grandfather clause federalism". | | | In 1942, Barnett thinks it would be inconceivable for the Court to have upheld a Wickard-like statute that purported to apply to every garden in the country. | | | Barnett: "Yeah." Barnett does think that the Civil Rights Acts can be justified under the 14th Amendment, which I find surprising. |
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http://www.yalefedsoc.org/archives/2005/10/barnett_v_bagen.html
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| | »»Randy E. Barnett - Restoring the Lost Constitution : The Presumption of Liberty«« |
| | Inspired by an essay by Lysander Spooner, Barnett argues that constitutional legitimacy cannot be grounded simply on the basis of the "consent of the governed": "...is one morally obligated to obey any law that is enacted according to constitutional procedures?" (p. | | | And, as Barnett notes, having a constitution written down serves a clarifying function to provide "good evidence of what terms were actually enacted when later they might be disputed"(p. | | | Since, the Court has begun to steer itself, somewhat, in a direction Barnett finds sanguine. |
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http://www.booksunderreview.com/Book_Lists/Barnett-Featured-Review.html
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| | The Structure of Liberty by Randy Barnett |
| | Since Barnett is a law professor, it is not surprising that many of the sources cited in his footnotes are legal scholars rather than philosophers and that he uses terms found in legal journals in place of more common words. | | | I like the fact that Barnett clearly distinguishes between three uses of force (1) to defend rights, (2) to rectify rights violations, and (3) to punish rights violators. | | | Unless the parties entered into a prior contract, insurance policy, or wager that covers the situation, it seems to me that no property titles are transferred by an accident or a crime. |
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http://libertariannation.org/a/f64h4.html
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| | ProfessorBainbridge.com: Reply to Barnett II |
| | Barnett provides cover from the right for courts and lawyers who see no limits on their power to legislate and regulate through litigation rather than democratic processes. | | | By very visibly endorsing some of the worst recent examples of judicial legislating (e.g, Lawrence) and endorsing "judicial nullification" that invokes the vague and contested language of provisions like the 9th Amendment and the P&I clause, I believe Prof. | | | What we have allowed the modern court to do is nothing short of judicial tyrrany. |
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http://www.professorbainbridge.com/2004/05/reply_to_barnet_1.html
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| | WorldNetDaily: Libertarianism & foreign policy: A reply to Randy Barnett |
| | Barnett would be right to say that, while some may think such neutrality warranted, it most certainly does not follow from libertarianism. | | | In "The Moral Foundations of Modern Libertarianism," Barnett supplies the analytical tools to rule illegal in libertarian law at least some such foreign-policy overreach. | | | Libertarian philosophy doesn't specify what constitutes good foreign policy. |
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http://www.worldnetdaily.com/news/printer-friendly.asp?ARTICLE_ID=39713
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| | Critique by Paul Wakfer of: Randy E. Barnett's THE IMPERATIVE OF NATURAL RIGHTS IN TODAY'S WORLD |
| | First, he states that natural law (which I have termed "normative law" when it applies to human purposes) is "not to be found in nature", and now he states that it nevertheless must be "well-grounded in the real world". | | | The first is that it is not merely a matter of identifying rights which is crucial, but more importantly of identifying the basic principles of justice that underlie optimal human interaction - principles which are, in fact, the basis of the partial validity and the historical usefulness of natural rights. | | | I will also introduce the phrase "normative law" to refer to what Barnett has termed natural law relating to human desires, wants and purposes. |
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http://morelife.org/ssip/dialogues/rbarnett/nri.html
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| | ProfessorBainbridge.com: Randy Barnett's support of judicial tyranny |
| | It's a pity that Barnett doesn't feel the same way, and that he twists originalism into something incoherent for the ignoble purpose of establishing libertarianism as constitutional doctrine. | | | There's no real restrictions because what Barnett argues for is an unprecedented use of judicial power to enforce a single ideology -- namely libertarian ideology. | | | Listed below are links to weblogs that reference Randy Barnett's support of judicial tyranny: |
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http://www.professorbainbridge.com/2004/02/randy_barnett_i.html
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| | FPT-Amazon.com bookstore |
| | In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and procedures that distinguish liberty from license. | | | These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. | | | He goes on to outline the constitutional framework that is needed to protect this structure of liberty. |
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http://www.spc.uchicago.edu/orgs/poltheory/nf.html
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| | Heretical Ideas » ASHCROFT RESIGNS! ** UPDATED ** |
| | He’s libertarian, a current law professor, and has practical experience as a former prosecutor in Cook County, as well as an attorney for the plaintiffs in the medical marijuana cases against the Federal government. | | | I guess Clinton would have appointed Ashcroft to the Supreme Court, but the only hitch was that Ashcroft did not appeal to anyone who supported Clinton…… | | | Feel free to make your case in the comments. |
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http://hereticalideas.com/index.php?p=2522
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| | mellow-drama: ATTENTION, LIBERTARIANS Randy Barnett has |
| | When things get really tough (as this case will be for the Court), the best course is not to try to finesse the situation, but rather simply to follow the law as scrupulously as possible. | | | Yet it would be awfully hard for the Court to strike down federal legislative control over marijuana regulation even where (as here) the marijuana is pretty clearly not in interstate commerce. | | | Listed below are links to weblogs that reference ATTENTION, LIBERTARIANS Randy Barnett has: |
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http://mellow-drama.typepad.com/mellowdrama/2004/11/attention_liber.html
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| | Randy Barnett |
| | Professor Barnett's publications include Contracts Cases and Doctrine (1995), Perspectives on Contract Law (1995), a two-volume anthology on The Rights Retained by the People: The History and Meaning of the Ninth Amendment (1989, 1993) and Assessing the Criminal: Restitution, Retribution and the Legal Process (1977). | | | He has taught contracts, constitutional theory, criminal law, evidence, agency and partnership, and jurisprudence. | | | Professor Barnett has been a visiting professor at Harvard Law School, Northwestern University School of Law, and the Universidad Francisco Maraquin School of Law in Guatemala; he was Professor of Law and Norman and Edna Freehling Scholar at the Chicago-Kent College of Law. |
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http://www.ocf.berkeley.edu/~fedsoc/randybarnett.html
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| | John & Belle Have A Blog: Randy Barnett r0x0rz |
| | Barnett: At that time, the Court was using the narrower definition of “commerce” that Justice Thomas has argued for. | | | That was perhaps the single most refreshing thing I've ever read about states' rights. | | | Listed below are links to weblogs that reference Randy Barnett r0x0rz: |
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http://examinedlife.typepad.com/johnbelle/2004/11/randy_barnett_r.html
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| | Goldwater - Randy Barnett |
| | Raich in the U.S. Supreme Court on behalf of users of cannabis for medical purposes, having previously argued the case successfully in the Ninth Circuit Court of Appeals. | | | He has written numerous books and articles including, The Structure of Liberty: Justice and the Rule of Law and Perspectives on Contract Law. | | | Randy Barnett is the Austin B. Fletcher Professor at the Boston University School of Law where he teaches constitutional law, contracts, and cyberlaw. |
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http://www.goldwaterinstitute.org/experts.php/168.html
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| | Legal Affairs Debate Club - Constitution in Exile? |
| | Many fundamentalists, including you, Randy, would like the Court to strike down a range of federal enactments as beyond Congress' power under the commerce clause. | | | Justices Scalia and Thomas, among many others, want to move toward the original Constitution, with Justice Scalia endorsing, at some length, what he calls "originalism." Ginsburg, you, Scalia, and Thomas share the view that the Constitution as amended should be interpreted to mean what it originally meant. | | | (1) Randy, I disagree with your interpretation of all of the clauses you invoke. |
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http://www.legalaffairs.org/webexclusive/debateclub_cie0505.msp
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| | Justice, Natural Rights and the Rule of Law: Events: The Independent Institute |
| | And before moving to Boston University, he was also legal affairs contributor for WBEZ, which is the NPR station in Chicago, where he was responsible for the broadcast of a 15-hour series on the Bill of Rights. | | | Another book is called The Rights Retained by the People, and Contract Cases in Doctrine and another book is called Perspectives on Contract Law. | | | The year before that he was the criminal prosecutor for the Cook Colony State Attorney’s Office, in Chicago. |
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http://www.independent.org/events/transcript.asp?eventID=46
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| | Oxford Scholarship Online: The Structure of Liberty |
| | This book identifies the content of natural rights—several property, freedom of contract, first possession, restitution, and self defence—and explains how natural rights are distinct from natural law and why these abstract rights require a conventional rule of law to implement. | | | After describing how a polycentric legal system would function, he concludes by considering communitarian objections and those based on retributive and distributive justice. | | | Barnett discusses the practicality of restitution as an alternative to punishment in criminal justice and the constitutional principles that are needed to protect fundamental rights from enforcement error and abuse. |
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http://www.oxfordscholarship.com/oso/public/content/politicalscience/0198297297/toc.html
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| | Randy E. Barnett on Raich v. Aschroft on National Review Online |
| | We will also see whether the more liberal justices will put their disdain for Lopez and Morrison above the commitment to stare decisis, which would enable them to do justice by letting California protect the liberty of suffering persons to alleviate their distress, free of interference by the federal government. | | | Aschroft before the Ninth Circuit Court of Appeals. | | | — Randy Barnett, professor of constitutional law at the Boston University School of Law, is a senior fellow of the Cato Institute and the author of Restoring the Lost Constitution: The Presumption of Liberty, available in February. |
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http://www.nationalreview.com/comment/barnett200312190915.asp
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| | BeldarBlog: A response to Randy Barnett's essay on the Roberts nomination |
| | Barnett acknowledges that "standing up to judicial questioning in oral argument" is a different "kind" of "hard" than, say, the ponderous debates among law professors arguing with each other through law review articles; and academic debates can indeed have consequences and rewards (think tenure) that motivate their participants. | | | Barnett's frustration, but the only cure for it would seem to be limiting Supreme Court nominations to "other scholars" — i.e., to law professors. | | | Barnett doesn't mean to suggest that a long-time client has a poorer opportunity to assess his long-time lawyer than one academic has to assess another, does he? |
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http://beldar.blogs.com/beldarblog/2005/07/a_response_to_r.html
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| | USATODAY.com - Court: Let Congress legalize it |
| | Her lawyer, Randy Barnett, said he would go to a lower court to claim that patients have a right to avoid needless suffering. | | | Contributing: Wendy Koch in McLean, Va.; Donna Leinwand and Andrea Stone in Washington; John Ritter in San Francisco; |
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http://www.usatoday.com/news/washington/2005-06-06-medical-marijuana_x.htm
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| | t a c i t u s Cass Sunstein and Randy Barnett debate. |
| | Barnett: "Is a commitment to the original public meaning of the entire text of the Constitution as amended accurately characterized as a commitment to a "Constitution in Exile," as you suggest? | | | I think a few conservatives would be upset with Barnett's views on the Ninth Amendment and how replacing "privacy" with "liberty" would have little impact on the outcome of certain cases. | | | In defense of this claim, you might point out that my book is entitled "Restoring the Lost Constitution." But my space for today's contribution is already used up, so I will defer further discussion of the merits and demerits of originalism, and what is meant by a "Lost Constitution," until later. |
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http://www.tacitus.org/story/2005/5/2/121859/4219
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| | Technicalities: Randy Barnett Nails It! |
| | I happen to recall that other things happened in the 1960s too, such as major civil rights legislation; a certain idealism that promoted equality, reform, and the end of a bad war (ah democratic dissent -- the selfish losers!); and, heck, (for those who care to praise it) the rise of modern conservativism. | | | Finally, I wonder, if Professor Barnett, as a constitutional scholar, recalls that four amendments to the Constitution came about a result of the '60s (in particular, the vote for DC, end of federal poll tax, and vote for those over 18). | | | Listed below are links to weblogs that reference Randy Barnett Nails It! |
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http://technicalities.typepad.com/technicalities/2004/03/randy_barnett_n.html
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| | SSRN-The Original Meaning of the Judicial Power by Randy Barnett |
| | It is equally important that these nonoriginalists are made aware of the substantial evidence that the original meaning of the "judicial power" included the power to nullify unconstitutional laws. | | | Barnett, Randy E., "The Original Meaning of the Judicial Power" (2003). | | | SSRN-The Original Meaning of the Judicial Power by Randy Barnett |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=437040
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| | 102RP6 |
| | These problems, I argue, must be addressed by recognizing certain rights associated with the liberal conception of justice and certain principles of legality associated with the rule of law. | | | A summary of a portion of this analysis appears in Randy E. Barnett, The Function of Several Property and Freedom of Contract, 9 SOC. | | | I provide a brief and quite incomplete summary in Barnett, supra note 15. |
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http://www.bu.edu/rbarnett/Guide.htm
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| | The Observer Politics Meet Randy, guru to the Tory favourite |
| | People find it difficult to reconcile my authoritarian reputation with my respect for civil rights. | | | Barnett says in his book that he was fired by his father's passion for justice. | | | Barnett said his book was a serious philosophical examination of the nature of justice, not a programme for political action. |
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http://observer.guardian.co.uk/politics/story/0,6903,1557926,00.html
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| | LysanderSpooner.org |
| | Do you agree with Spooner that the U.S. Constitution is without Authority? | | | THIS SITE IS Created by Randy E. Barnett |
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http://www.lysanderspooner.org
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| | AFF's Brainwash :: Gene Healy :: Libertarians and the War |
| | The public case for war was based on eliminating a specific threat. | | | But as Barnett makes clear, the current project wasn't, or wasn't only, a military campaign against a specific entity that represented a military threat. | | | Barnett points out, as many others have, that Beito's unintended consequences argument cuts both ways--that there can be unintended consequences to inaction as well as to action. |
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http://www.affbrainwash.com/genehealy/archives/008254.php
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| | Positive Liberty » Blog Archive » Randy Barnett on Miers |
| | Barnett, no? After all, we have no dead people on the court, right? | | | His recent book, “Restoring the Lost Constitution” alone, although spot on in all material respects in its defense of “original meaning originalism&; and his “premumption of liberty&; standard of review, would surely provide fireworks enough for the media and the Senate Judiciary Comintern to detonate his nomination in a nanosecond. | | | I pretty much echo what has been said thus far; I write merely to add that it is truly a shame that a fine and highly-qualified lawyer/litigator/professor/author like Barnett could never be nominated for a seat on the Supreme Court due to his growing paper trail of excellent constitutional scholarship. |
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http://positiveliberty.com/2005/10/randy-barnett-on-miers.html
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| | ProfessorBainbridge.com: Pickering: I'll Volunteer |
| | Solum is right that this marks a new round in the downward spiral of nomination politics. | | | Solum invokes the "specter of mass use of the recess appointments power--along the lines suggested by Randy Barnett in his piece in NRO, Benching Bork." As you may recall, Barnett suggested that: | | | The one real power Republicans have over the Democrats in this fight is the recess-appointment power. |
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http://www.professorbainbridge.com/2004/01/pickering_ill_v.html
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| | The Volokh Conspiracy - Back From DC: |
| | As I need to teach Contracts tomorrow morning (Frustration of Purposes and the Coronation Cases), I cannot blog now. | | | Good luck to Randy Barnett in fighting for drug rights.-- | | | [Randy Barnett, November 30, 2004 at 12:12am] 0 Trackbacks / Possibly More Trackbacks |
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http://volokh.powerblogs.com/posts/1101791538.shtml
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| | [No title] |
| | Please wait while we find you the best price for Contracts: Cases and Doctrines (Casebook S.), this should take no more than 30 seconds. | | | Contracts: Cases and Doctrines (Casebook S.) Randy E. Barnett ISBN: 0735502536 | | | To find more books by Randy E. Barnett Click Here |
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http://www.bookhead.co.uk/0735502536.aspx
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| | BUSL: Faculty Profiles: Randy E. Barnett |
| | Raich in the U.S. Supreme Court, having previously argued the case successfully in the Ninth Circuit. | | | His scholarship emphasizes previously neglected first principles: natural rights in jurisprudence, consent in contract law, unenumerated rights in constitutional theory and restitution in criminal justice. | | | Before coming to Boston University, he taught at the Illinois Institute of Technology& Chicago-Kent College of Law, prior to which he tried many felony cases as an assistant state’s attorney for Cook County, Illinois. |
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http://www.bu.edu/law/faculty/profiles/barnett
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| | Boston College Federalist Society |
| | Join us for a discussion with Randy Barnett, Professor of Law at Boston University Law School, to learn what is judicial activism, and what it means in terms of appointments to the federal judiciary. |
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http://www.bc.edu/bc_org/avp/law/st_org/fedsoc/pr7.html
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| | Randy E. Barnett on Supreme Court & Sodomy on National Review Online |
| | — Randy Barnett is the Austin B. Fletcher Professor at Boston University School of Law and author of The Structure of Liberty: Justice and the Rule of Law. | | | Randy E. Barnett on Supreme Court and Sodomy on National Review Online | | | When the Court plays favorites with liberty, as it has since the New Deal, it loses rather than gains credibility with the public. |
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http://www.nationalreview.com/comment/comment-barnett071003.asp
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| | Law School - Syracuse University |
| | The Structure of Liberty: Justice and the Rule of Law, Clarendon (Oxford University) Press, 1998. | | | RANDY E. Prepared by the Public Services Department TJH 10/1/04 | | | Home > Law Library > Randy Barnett Publications |
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http://www.law.syr.edu/lawlibrary/barnette.asp?&css=3
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| | OpinionJournal - Extra |
| | Barnett is the Austin B. Fletcher Professor of Law at Boston University and the author of "Restoring the Lost Constitution: The Presumption of Liberty" (Princeton, 2004). | | | Alexander Hamilton wouldn't approve of Justice Harriet Miers. | | | What hearings will tell us, however, is whether the Senate, too, will succumb, in Hamilton's words, to "a spirit of favoritism." |
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http://www.opinionjournal.com/extra?id=110007354
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