TY - BOOK AU - Barnett,Randy E. TI - Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition SN - 9780691159737 AV - KF4541 .B313 2017 U1 - 342.73029 23 PY - 2013///] CY - Princeton, NJ : PB - Princeton University Press, KW - Constitutional history KW - United States KW - Constitutional law KW - Electronic books KW - Judicial review KW - Libertarianism KW - LAW / Constitutional KW - bisacsh KW - Commerce Clause KW - Congress KW - Constitution in Exile movement KW - Constitution KW - Due Process Clauses KW - First Amendment KW - Footnote Four KW - Fourteenth Amendment KW - Gibbons v. Ogden KW - John Marshall KW - Lawrence v. Texas KW - Necessary and Proper Clause KW - Ninth Amendment KW - Presumption of Liberty KW - Privileges or Immunities Clause KW - Slaughter-House Cases KW - Supreme Court KW - U.S. Constitution KW - We the People KW - commerce KW - consent of the governed KW - consent KW - constitutional interpretation KW - constitutional law KW - constitutional legitimacy KW - constitutional meaning KW - constitutional scholarship KW - construction KW - democracy KW - divine right KW - economic liberty KW - federal courts KW - federal laws KW - federal power KW - government KW - immunities KW - interpretation KW - judges KW - judicial doctrines KW - judicial nullification KW - judicial power KW - judicial review KW - judicial supremacy KW - law KW - laws KW - legislation KW - legislative activism KW - liberty rights KW - liberty KW - majoritarianism KW - natural rights KW - necessary and proper KW - necessity KW - original intent KW - original meaning KW - originalism KW - police power KW - popular sovereignty KW - presumed consent KW - presumption of constitutionality KW - privileges KW - proper KW - rights KW - state laws KW - state power KW - unconstitutional laws KW - unenumerable rights KW - unenumerated rights N1 - Frontmatter --; Contents --; Preface --; Introduction: Why Care What the Constitution Says? --; Part I. Constitutional Legitimacy --; Chapter One. The Fiction of "We the People": Is the Constitution Binding on Us? --; Chapter Two. Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People --; Chapter Three. Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities --; Part II. Constitutional Method --; Chapter Four. Constitutional Interpretation: An Originalism for Nonoriginalists --; Chapter Five. Constitutional Construction: Supplementing Original Meaning --; Chapter Six. Judicial Review: The Meaning of the Judicial Power --; Part III. Constitutional Limits --; Chapter Seven. Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause --; Chapter Eight. Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause --; Chapter Nine. The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong --; Chapter Ten. The Presumption of Liberty: Protecting Rights without Listing Them --; Part IV. Constitutional Powers --; Chapter Eleven. The Proper Scope of Federal Power: The Meaning of the Commerce Clause --; Chapter Twelve. The Proper Scope of State Power: Construing the "Police Power" --; Chapter Thirteen. Showing Necessity: Judicial Doctrines and Application to Cases --; Conclusion. Restoring the Lost Constitution --; Afterword. What I Have Learned Since the First Edition --; Index of Cases --; Index of Names --; General Index; restricted access; Issued also in print N2 - 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 open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases UR - https://doi.org/10.1515/9781400848133?locatt=mode:legacy UR - https://www.degruyter.com/isbn/9781400848133 UR - https://www.degruyter.com/cover/covers/9781400848133.jpg ER -