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Topic: Randy Barnett

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	Randy Barnett - Wikipedia, the free encyclopedia
		Randy E. Barnett is a lawyer, law professor at Boston University, and legal theorist in the United States, noted for his libertarian theory of law and his work on contract theory and constitutional law and theory.
		Barnett initially taught at the Chicago-Kent College of Law of the Illinois Institute of Technology; he later became the Austin B. Fletcher Professor of Law at Boston University where he serves as the faculty adviser for the Federalist Society.
		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.
	en.wikipedia.org /wiki/Randy_Barnett (695 words)

	FT August/September 2004: Books in Review (Site not responding. Last check: 2007-11-06)
		Barnett denies that this is his intention, but the presumption of liberty that he delineates would effectively turn the judiciary into a perpetual Council of Revision, presuming all state or federal laws to be unconstitutional unless shown not to infringe liberty.
		Barnett’s recovery of the “original” meaning of liberty is, to say the least, eclectic, and it leads him in his final chapters to celebrate novel judicial rulings on individual autonomy and intimacy which recently have fostered boldness by state judges and officials about gay marriage.
		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.
	www.firstthings.com /ftissues/ft0408/reviews/barnett.htm (1592 words)

	Restoring the Lost Constitution : The Presumption of Liberty: Randy E. Barnett (Site not responding. Last check: 2007-11-06)
		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 argues, again by citing a wide variety of contemporary sources, that "commerce" was distinguished from "manufactures" and "agriculture," and was synonymous with "trade." Thus, Congress has no legitimate power to legislate regarding manufacturing and agriculture, only regarding trade between states, with foreign nations, and with the Indian tribes.
	www.bookreviewsandsummaries.com /books/0691115850.htm (876 words)

	Restoring The Lost Constitution: The Presumption of Liberty.
		Barnett argues that the concept of due process of law is substantive, an essential element of the original meaning of judicial power, because “a vital element of the ‘due process of law’ is the judicial scrutiny of the necessity and propriety of legislation” (p.207).
		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’s fundamental problem is that he allows for “constitutional construction” when originalism cannot tell us which meanings to adopt, but he does not seem to allow for social construction of law, or changing social meanings.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/barnett1104.htm (4883 words)

	Supreme Saviors by J.H. Huebert
		Barnett’s arguments that a monopoly government can be legitimate are unpersuasive; his arguments that the federal government should limit its own power are futile; and his arguments that the federal government should impose libertarianism on the states are dangerous.
		Barnett begins by arguing for an originalist interpretation of the Constitution – interpreting it as the general public would have at the time it was written, based upon the text.
		Randy Barnett’s obvious intelligence and appreciation for liberty make it all the more disappointing to see him squander his talents trying to rescue a document that has shown itself so incapable of protecting liberty, and so capable of justifying offenses against it.
	www.lewrockwell.com /orig3/huebert9.html (2387 words)

	Reason magazine -- January 1999 (Site not responding. Last check: 2007-11-06)
		Barnett's defense of this libertarian quartet is underdeveloped because he does not explicitly address and reject the focused attacks on freedom of (and freedom from) contract that form today's conventional wisdom.
		Barnett does not satisfactorily defend the quartet as the outer limit of state intervention--though, to his credit, he is well aware of the challenges that are raised in both moral and economic theory to this four-part approach.
		Barnett is very skeptical of taxation and regulation because they run smack into the problems of knowledge, interest, and power with which he is rightly concerned.
	www.reason.com /9901/bk.re.thelibertarian.html (4346 words)

	»»Randy E. Barnett - Restoring the Lost Constitution : The Presumption of Liberty«« (Site not responding. Last check: 2007-11-06)
		Barnett strikes back in the first few chapters to build a novel case for a binding adherence to the founding principles of liberty.
		Barnett notes that although originalism has taken a ferocious beating in the past few decades, a resurgent wave of scholars, including himself, has come to the rescue.
		Barnett has gone to great length in both digging up historical evidence and preparing a defense from the myriad of inevitable critiques from those opposed to restoring the libertarian foundation of the Constitution.
	www.booksunderreview.com /Book_Lists/Barnett-Featured-Review.html (1617 words)

	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.
		Barnett's arguments in support of the meta-rules for a free society leave a lot to be desired with regard to human moral psychology, but they constitute a fine piece of work in social architecture.
		Barnett admits that restitution involves calculating the subjective value that the victim of crime places on compensation for his loss, but he says this is not so bad because it only introduces one unknown variable into the calculation.
	libertariannation.org /a/f64h4.html (2426 words)

	Justice: Libertarian Style (Site not responding. Last check: 2007-11-06)
		Barnett points out, however, that laws which are not consistent with natural rights are laws only by force, not laws of conscience that are self-equipped with their own reason for observance.
		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).
		These are the “outlaws.” Barnett suggests that, in lieu of incarceration, they be deemed outside the protection of the laws themselves or perhaps be banished to secure areas to fend for themselves, with their own kind.
	www.libertysoft.com /liberty/reviews/85sanders.html (1512 words)

	Randy Barnett (Site not responding. Last check: 2007-11-06)
		Randy E. Barnett is a lawyer, law professor, and legal theorist in the United States, noted for his libertarian theory of law and his work on contract theory and constitutional law and theory.
		Barnett initially taught at the Chicago-KentCollege of Law of the IllinoisInstitute of Technology ; he later became the Austin B. Fletcher Professor of Law at Boston University.
		Barnett is a leadingproponent of the view that the "rights retained by the people" in the Ninth Amendment are judicially enforceable (thru thepresumption of liberty).
	www.therfcc.org /randy-barnett-56141.html (429 words)

	What a Natural Rights Regime Requires
		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.
		Barnett does not have to be a relativist or a postmodernist to notice that knowledge is intensely personal and, when shared within the scope of the people with whom one deals, very local.
		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.
	www.acton.org /publicat/randl/review.php?id=311 (1438 words)

	Amazon.com: Restoring the Lost Constitution : The Presumption of Liberty: Books: Randy E. Barnett (Site not responding. Last check: 2007-11-06)
		Barnett initially addresses the question why we should consider ourselves bound by the Constitution at all, since the idea that it really speaks for every single one of 'the People' for all time is clearly a fiction.
		Barnett is then able to arrive, in consequence, at his central thesis: the twentieth century's 'presumption of constitutionality' should be reversed, and the Supreme Court should conduct judicial review on the basis of a 'presumption of liberty'.
		Barnett includes a number of personal anecdotes from his own law career throughout, including a heartbreaking instance where he unsuccessfully tried to argue the Ninth Amendment, lost the case, and found to his dismay that among legal circles it had become something of a constitutional joke (another potent motivator behind the book's creation).
	www.amazon.com /exec/obidos/tg/detail/-/0691115850?v=glance (3929 words)

	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.
		Randy E. Barnett is the Austin B. Fletcher Professor at Boston University School of Law and a senior fellow at the Cato Institute.
		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.
	www.catostore.org /index.asp?fa=ProductDetails&method=cats&scid=15&pid=1441192 (800 words)

	BeldarBlog: A response to Randy Barnett's essay on the Roberts nomination
		I like Randy Barnett, the Boston University law professor who blogs on The Volokh Conspiracy, and I'm not accusing him of being out of touch in general with the real world.
		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 intends the offense to us practitioners implied by his suggestion that real world legal fights count less, or are performed with less skill and vigor, than academic world legal fights.
	beldar.blogs.com /beldarblog/2005/07/a_response_to_r.html (2315 words)

	WorldNetDaily: Libertarianism & foreign policy: A reply to Randy Barnett
		Never one to swell the chorus, Barnett has now challenged libertarians preoccupied with foreign policy to explain how libertarian theory is at all relevant to the subject.
		Barnett would be right to say that, while some may think such neutrality warranted, it most certainly does not follow from libertarianism.
		To my delight, Barnett makes the very same observation (vicarious vindication is always welcome from a person of his intellectual stature), the logical complement of which is that, considerations of legitimacy notwithstanding, when states or international institutions uphold or defend natural rights, their actions are not unjust.
	www.worldnetdaily.com /news/printer-friendly.asp?ARTICLE_ID=39713 (982 words)

	The Observer \| Politics \| Meet Randy, guru to the Tory favourite
		The action failed, but Barnett was hailed by cannabis campaigners as an advocate of the rights of the citizen in the face of state power.
		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.
	observer.guardian.co.uk /politics/story/0,6903,1557926,00.html (873 words)

	ttgapers.com store - The Structure of Liberty : Justice and the Rule of Law - Randy E. Barnett - Product Details (Site not responding. Last check: 2007-11-06)
		Barnett has a background that definitely has the effect of immunizing him against such exercises, acting as an assistant district attorney in Chicago and acting as a defense attorney for several big name clients in federal appeals courts.
		Barnett is familiar with how the legal system works at its basic levels, and this is possibly what informs him in the direction he takes.
		Barnett's writing is clear and lucid, and his explanations can be grasped by those without formal legal and philosophical studies, such as myself.
	www.ttgapers.com /ttStore-index2-asin-0198297297.html (1382 words)

	John & Belle Have A Blog: Randy Barnett r0x0rz
		I wish Randy Barnett and states' rights well, BTW, because I think the country is too large and at this point too regionally diverse for it to be governed any other way.
		Barnett: If the only activity relating to wheat on the Filburn farm was eating it at the family dinner table, the case would never have been brought.
		Barnett: At that time, the Court was using the narrower definition of “commerce” that Justice Thomas has argued for.
	examinedlife.typepad.com /johnbelle/2004/11/randy_barnett_r.html (2361 words)

	Federalist Society Barnett lecture Feb. 2004 - William Mitchell College of Law (Site not responding. Last check: 2007-11-06)
		Speaking about his book, Barnett will argue that it is wrong for courts to hold a presumption of constitutionality about legislation.
		Barnett's comments will be then be countered by David McGowan, associate professor of law at the University of Minnesota Law School.
		Barnett is the Austin B. Fletcher Professor at Boston University School of Law.
	www.wmitchell.edu /news/articles/BarnettLecture.html (342 words)

	The Federalist Society at Yale Law School (Site not responding. Last check: 2007-11-06)
		Professors Randy Barnett and Sam Bagenstos will be debating the Supreme Court's decision in Raich (which I criticized here).
		5:53: Randy Barnett postulates that Raich made it to the case because it was all a gambit by the liberals on the 9th Circuit to serve the Supreme Court its own medicine.
		Randy Barnett and Sam Bagenstos are debating Raich and the commerce clause.
	www.yalefedsoc.org /archives/2005/10/barnett_v_bagen.html (1375 words)

	Townhall.com Book Service: Restoring the Lost Constitution by Randy Barnett
		In other words, argues Constitutional scholar Randy E. Barnett, the Constitution as written creates "islands of government powers in a sea of liberty." But the Constitution as interpreted -- and enforced -- by the modern U.S. Supreme Court is the near-opposite, creating islands of liberty rights in a sea of governmental powers.
		Barnett argues that since the nation's founding -- but especially since the 1930s -- the courts have eliminated clause after clause that interfered with the exercise of government power.
		Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government.
	www.thbookservice.com /BookPage.asp?prod_cd=c6467 (727 words)

	Randy Barnett (Site not responding. Last check: 2007-11-06)
		RANDY E. Randy E. Barnett is the Austin B. Fletcher Professor at Boston University School of Law.
		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).
		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.
	www.ocf.berkeley.edu /~fedsoc/randybarnett.html (390 words)

	Critique by Paul Wakfer of: Randy E. Barnett's THE IMPERATIVE OF NATURAL RIGHTS IN TODAY'S WORLD
		This essay is a critique of the latest of many papers and articles by Randy Barnett which are listed on his website.
		However, as Barnett does in Structure of Liberty2 p 10, after HLA Hart, I shall hereinafter term as "physical law" all natural law which derives from the structure of reality independent of human existence.
		Barnett makes this same error on p 10 of SoL (op cit) where he states: "All theories are constructed, if by constructed is meant that they are the fallible product of human thought and are not somehow 'out there' written in the stars".
	morelife.org /ssip/dialogues/rbarnett/nri.html (7073 words)

	ProfessorBainbridge.com: Randy Barnett's support of judicial tyranny (Site not responding. Last check: 2007-11-06)
		Barnett's [argument] is remarkably unsatisfying, because it simply argues in favor of one tyranny over another.
		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.
		Randy Barnett argues that legislators are unfit to legislate morality and that letting them do so unchecked by the judiciary—whose qualifications for legislating morality he...
	www.professorbainbridge.com /2004/02/randy_barnett_i.html (754 words)

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