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"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.
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Previews available in: English
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1
Restoring the Lost Constitution: The Presumption of Liberty
July 5, 2005, Princeton University Press
Paperback
in English
- New Ed edition
0691123764 9780691123769
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2
Restoring the lost constitution: the presumption of liberty
2004, Princeton University Press
in English
0691115850 9780691115856
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3
Restoring the Lost Constitution: The Presumption of Liberty
December 15, 2003, Princeton University Press
Hardcover
in English
0691115850 9780691115856
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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.""
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