Restoring the Lost Constitution: The Presumption of Liberty

Ebook Details

Authors

Randy E. Barnett

Year 2005
Pages 384
Publisher Princeton University Press
Language en
ISBN 9780691123769
File Size 7.84 MB
File Format PDF
Download Counter 70
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Ebook Description

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.