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Call # KF4541 .B313 2004
Author Barnett, Randy E
Title Restoring the lost constitution : the presumption of liberty / Randy E. Barnett
Imprint Princeton : Princeton University Press, c2004
Book Cover
 WMS STACKS  KF4541 .B313 2004    AVAILABLE
 WMS STACKS  KF4541 .B313 2004 c.2  DUE 07-31-15
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Descript. xv, 366 p. : ill. ; 25 cm
Summary/Abstract "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 openended, construing it so as to better protect the rights retained by the people."--BOOK JACKET
Note Includes bibliographical references and indexes
Subject United States. Supreme Court
Constitutional history -- United States
Constitutional law -- United States
Judicial review -- United States
OCLC # 52334894
Table of Contents
 Introduction: Why Care What the Constitution Says?1
Pt. IConstitutional Legitimacy 
Ch. 1The Fiction of "We the People": Is the Constitution Binding on Us?11
Ch. 2Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People32
Ch. 3Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities53
Pt. IIConstitutional Method 
Ch. 4Constitutional Interpretation: An Originalism for Nonoriginalists89
Ch. 5Constitutional Construction: Supplementing Original Meaning118
Ch. 6Judicial Review: The Meaning of the Judicial Power131
Pt. IIIConstitutional Limits 
Ch. 7Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause153
Ch. 8Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause191
Ch. 9The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong224
Ch. 10The Presumption of Liberty: Protecting Rights without Listing Them253
Pt. IVConstitutional Powers 
Ch. 11The Proper Scope of Federal Power: The Meaning of the Commerce Clause274
Ch. 12The Proper Scope of Federal Power: Construing the "Police Power"319
Ch. 13Showing Necessity: Judicial Doctrines and Application to Cases335
 Conclusion: Restoring the Lost Constitution354
 Index of Cases359
 Index of Names360
 General Index363