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Restoring the Lost Constitution
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Restoring the Lost Constitution: The Presumption of Liberty

Randy E. Barnett

Abstract

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book 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 ... More

Keywords: popular sovereignty, Constitution, Supreme Court, liberty, constitutional legitimacy, rights, government, Commerce Clause, Necessary and Proper Clause, Fourteenth Amendment

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780691159737
Published to Princeton Scholarship Online: October 2017 DOI:10.23943/princeton/9780691159737.001.0001

Authors

Affiliations are at time of print publication.

Randy E. Barnett, author
Georgetown Law School

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