Restoring the Lost Constitution

The Presumption of Liberty

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Last edited by MARC Bot
September 3, 2024 | History

Restoring the Lost Constitution

The Presumption of Liberty

New Ed edition
  • 0 Ratings
  • 2 Want to read
  • 0 Currently reading
  • 0 Have read

"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."--Jacket.

Publish Date
Language
English
Pages
384

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Previews available in: English

Edition Availability
Cover of: Restoring the Lost Constitution
Restoring the Lost Constitution: The Presumption of Liberty
July 5, 2005, Princeton University Press
Paperback in English - New Ed edition
Cover of: Restoring the lost constitution
Restoring the lost constitution: the presumption of liberty
2004, Princeton University Press
in English
Cover of: Restoring the Lost Constitution
Restoring the Lost Constitution: The Presumption of Liberty
December 15, 2003, Princeton University Press
Hardcover in English

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Book Details


First Sentence

"THE CONSTITUTION begins, "We the People of the United States ... do ordain and establish this Constitution for the United States of America.""

Classifications

Library of Congress
KF4541.B313 2005

The Physical Object

Format
Paperback
Number of pages
384
Dimensions
9.1 x 6 x 1 inches
Weight
1.2 pounds

ID Numbers

Open Library
OL7759074M
Internet Archive
restoringlostcon00barn
ISBN 10
0691123764
ISBN 13
9780691123769
OCLC/WorldCat
60794311
Library Thing
1933
Goodreads
709721

Source records

Better World Books record

Excerpts

THE CONSTITUTION begins, "We the People of the United States ... do ordain and establish this Constitution for the United States of America."
added anonymously.

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History

Download catalog record: RDF / JSON
September 3, 2024 Edited by MARC Bot import existing book
August 1, 2020 Edited by ImportBot import existing book
April 28, 2010 Edited by Open Library Bot Linked existing covers to the work.
April 16, 2010 Edited by WorkBot update details
December 10, 2009 Created by WorkBot add works page