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Restoring the Lost Constitution : The Presumption of Liberty - Updated Edition by RANDY E.BARNETT, Barnett, Randy E., Randy E. Barnett is a nonfiction available to read on EtoBox.

What is Restoring the Lost Constitution : The Presumption of Liberty - Updated Edition about?

\"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 me

Who reads Restoring the Lost Constitution : The Presumption of Liberty - Updated Edition?

Author

RANDY E.BARNETT, Barnett, Randy E., Randy E. Barnett

Publisher

Princeton University Press Project MUSE

Published

2004

Language

EN

ISBN

9780691159737

Category

nonfiction

Subjects

Political Science, History, Law

Rating

4.16 / 5 (99 ratings)

Updated

2026-03-14