Restoring the Lost Constitution: The Presumption of Liberty [NOOK Book]

Overview

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 ...

See more details below
Restoring the Lost Constitution: The Presumption of Liberty

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook - Updated)
$15.49
BN.com price
(Save 32%)$22.95 List Price

Overview

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.

Read More Show Less

Editorial Reviews

Washington Times
A hopeful work—provocative, documented, resolute, reasoned, readable—delightfully devoid of legalistic obtuseness. It lights up a road back to limited government, albeit a steep road.
— Willian H. Peterson
Law and Politics Book Review
This book is terrific in demonstrating the natural rights background to our Constitution and demonstrating that all rights cannot be listed in the Constitution. . . . [A]n excellent work.
— Ronald Kahn
Washington Times - Willian H. Peterson
A hopeful work—provocative, documented, resolute, reasoned, readable—delightfully devoid of legalistic obtuseness. It lights up a road back to limited government, albeit a steep road.
Law and Politics Book Review - Ronald Kahn
This book is terrific in demonstrating the natural rights background to our Constitution and demonstrating that all rights cannot be listed in the Constitution. . . . [A]n excellent work.
From the Publisher
Winner of the 2005 Lysander Spooner Award for Advancing the Literature of Liberty, Laissez Faire Books

"A hopeful work—provocative, documented, resolute, reasoned, readable—delightfully devoid of legalistic obtuseness. It lights up a road back to limited government, albeit a steep road."—Willian H. Peterson, Washington Times

"This book is terrific in demonstrating the natural rights background to our Constitution and demonstrating that all rights cannot be listed in the Constitution. . . . [A]n excellent work."—Ronald Kahn, Law and Politics Book Review

Read More Show Less

Product Details

  • ISBN-13: 9781400848133
  • Publisher: Princeton University Press
  • Publication date: 11/24/2013
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition description: Updated
  • Pages: 448
  • Sales rank: 1,074,605
  • File size: 3 MB

Meet the Author

Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center and was a Guggenheim Fellow in Constitutional Studies. He is the author of "The Structure of Liberty: Justice and the Rule of Law".
Read More Show Less

Table of Contents

Preface ix
INTRODUCTION Why Care What the Constitution Says? 1
Part I. Constitutional Legitimacy 7
CHAPTER ONE The Fiction of "We the People": Is the Constitution Binding on Us? 11
CHAPTER TWO Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People 32
CHAPTER THREE Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities 53
Part II. Constitutional Method 87
CHAPTER FOUR Constitutional Interpretation: An Originalism for Nonoriginalists 91
CHAPTER FIVE Constitutional Construction: Supplementing Original Meaning 120
CHAPTER SIX Judicial Review: The Meaning of the Judicial Power 132
Part III. Constitutional Limits 151
CHAPTER SEVEN Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause 155
CHAPTER EIGHT Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause 193
CHAPTER NINE The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong 226
CHAPTER TEN The Presumption of Liberty: Protecting Rights without Listing Them 255
PART IV. Constitutional Powers 273
CHAPTER ELEVEN The Proper Scope of Federal Power: The Meaning of the Commerce Clause 277
CHAPTER TWELVE The Proper Scope of State Power: Construing the "Police Power" 322
CHAPTER THIRTEEN Showing Necessity: Judicial Doctrines and Application to Cases 338
CONCLUSION Restoring the Lost Constitution 357
AFTERWORD 361
Index of Cases 421
Index of Names 423
General Index 427
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)