Restoring the lost constitution the presumption of liberty /
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...
| Main Author: | Barnett, Randy E., |
|---|---|
| Format: | eBook |
| Language: | English |
| Published: |
Princeton :
Princeton University Press,
2014.
|
| Physical Description: |
1 online resource. |
| Subjects: |
Table of Contents:
- Cover; Title; Copyright; Dedication; Contents; Preface; INTRODUCTION: WHY Care What the Constitution Says?; PART I. Constitutional Legitimacy; CHAPTER ONE: The Fiction of "We the People": Is the Constitution Binding on Us?; CHAPTER TWO: Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People; CHAPTER THREE: Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities; PART II. Constitutional Method; CHAPTER FOUR: Constitutional Interpretation: An Originalism for Nonoriginalists.
- CHAPTER FIVE: Constitutional Construction: Supplementing Original MeaningCHAPTER SIX: Judicial Review: The Meaning of the Judicial Power; PART III. Constitutional Limits; CHAPTER SEVEN: Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause; CHAPTER EIGHT: Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause; CHAPTER NINE: The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong; CHAPTER TEN: The Presumption of Liberty: Protecting Rights without Listing Them; PART IV. Constitutional Powers.
- CHAPTER ELEVEN: The Proper Scope of Federal Power: The Meaning of the Commerce ClauseCHAPTER TWELVE: The Proper Scope of State Power: Construing the "Police Power"; CHAPTER THIRTEEN: Showing Necessity: Judicial Doctrines and Application to Cases; Conclusion Restoring the Lost Constitution; Afterword; Index of Cases; Index of Names; General Index.