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Randy Barnett
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{{short description|American legal scholar (born 1952)}}- the content below is remote from Wikipedia
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Biography
Barnett was born on February 5, 1952, in Chicago, Illinois. After high school, he attended Northwestern University, graduating in 1974 with a B.A. in philosophy. He then studied law at Harvard Law School, graduating with a J.D. in 1977. After law school, Barnett returned to Chicago and worked as an Illinois state prosecutor for Cook County, Illinois.Barnett spent the 1981â82 academic year as a research fellow at the University of Chicago Law School, then, in the fall of 1982, began his academic career as an assistant professor of law at the Chicago-Kent College of Law. In 1993, Barnett was hired as a professor of law at the Boston University School of Law. In 2006, Barnett left Boston and began teaching at the Georgetown University Law Center, where he currently remains.Jurisprudence
In The Structure of Liberty, Barnett offers a libertarian theory of law and politics. Barnett calls his theory "the liberal conception of justice" and emphasizes the relationship between legal libertarianism and classical liberalism. He argues private adjudication and enforcement of law, with market forces eliminating inefficiencies and inequities, to be the only legal system that can provide adequate solutions to the problems of interest, power, and knowledge.He discusses theories of constitutional legitimacy and methods of constitutional interpretation in Restoring the Lost Constitution.There have been several criticisms and reviews of his theory, including Stephan Kinsella,JOURNAL, Kinsella, Stephan, Knowledge, Calculation, Conflict, and Law, Quarterly Journal of Austrian Economics, 1999, 2, 4, 49â71,weblink 12 October 2018, en, 10.1007/s12113-999-1031-x, 153810530, Richard Epstein,WEB, Epstein, Richard, The Libertarian Quartet,weblink Reason.com, Reason Foundation, 12 October 2018, en, 1 January 1999, David N. Mayer,JOURNAL, Mayer, David N., Book Review: The Structure of Liberty, Cato Journal, Fall 2000, 20, 279â285,weblink 12 October 2018, Lawrence B. SolumJOURNAL, Solum, Lawrence B., Book Review: The Structure of Liberty: Justice and the Rule of Law, Michigan Law Review, 1999, 97, 6, 1780, 10.2307/1290229, 1290229, 158520235, and John K. Palchak and Stanley T. Leung.JOURNAL, Palchak, John K., Leung, Stanley T., No State Required? A Critical Review of the Polycentric Legal Order, Gonzaga Law Review, 2001, 38, 289,Supreme Court cases
Barnett was also lead lawyer for the plaintiffs in Ashcroft v. Raich (later Gonzales v. Raich), which he won before the Ninth Circuit, which ruled that federal action against legal marijuana patients violated the Commerce Clause. Barnett's side, however, lost on appeal at the Supreme Court, which ruled that Congress had the power to enforce federalmarijuana prohibition in states that had legalized medical marijuana.He was also involved in the famous Affordable Care Act case National Federation of Independent Business v. Sebelius.NEWS, Barnett, Randy, We lost on health care. But the Constitution won.,weblink 12 October 2018, Washington Post, June 29, 2012, en, BOOK, Barnett, Randy, Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, 978-0062412300, 2016, HarperCollins,Constitutional theory
Barnett has also done work on the theory of the United States Constitution, culminating in his books Restoring the Lost Constitution and Our Republican Constitution. He argues for an originalist theory of constitutional interpretation and for constitutional construction based on a presumption of liberty, not popular sovereignty.Barnett also focuses on the history and original meaning of the Second and Ninth Amendments to the United States Constitution. He has advanced the Standard Model interpretation that the Second Amendment protects an individual's right to bear arms, subject to federal regulation under Congress's power to organize the militia in (Article One of the United States Constitution#Section 8: Powers of Congress|Article I, Section 8) of the Constitution.Ninth Amendment
Barnett is a proponent of the view that the Ninth Amendment's rights "retained by the people" should be vigorously enforced by the federal judiciary. In a 2006 article, Barnett wrote:Randy Barnett, The Ninth Amendment: It Means What It Says, 85 Texas Law Review 1 (2006){{blockquote|The purpose of the Ninth Amendment was to ensure that all [enumerated and unenumerated] individual natural rights had the same stature and force after some of them were enumerated as they had before; and its existence argued against a latitudinarian interpretation of federal powers.}}Regarding what stature and force natural rights had before some of them were enumerated, Barnett says that federal courts did not have authority to enforce such rights against the states. He wrote in the same 2006 article:{{blockquote|It was only with passage of the Fourteenth Amendment ... that the federal government obtained any jurisdiction to protect the unenumerated retained natural rights of the people from infringement by state governments.}}A related issue is whether the original unamended Constitution gave federal courts authority to enforce unenumerated natural rights against congressional regulation of the federal district. Barnett has indicated that federal courts had such authority and that enumerated rights "had the same stature and force" in the district even before they were enumerated. He has indicated that the case of Bolling v. Sharpe (dealing with integration of public schools in the District of Columbia) is hard to justify textually from the Constitution, and if it were to be overturned, Congress would create more laws desegregating the district, which would be justified in his view of the Constitution.Legal Affairs Debate Club, Constitution in Exile? Cass Sunstein and Randy Barnett Debate. (May 4, 2005)The question of what constitutional rights citizens possessed in the federal district has ramifications for the meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. In 2003, Barnett wrote:Randy Barnett, Proper Scope of the Police Power, 79 Notre Dame Law Review 429 (2004){{blockquote|Just as the Fourteenth Amendment extended protection of the enumerated rights of the first eight amendments to violations by state governments, so too did it extend federal protection of the pre-existing unenumerated rights "retained by the people."}}If no such federal constitutional protection of unenumerated rights existed in the federal district prior to the Fourteenth Amendment, only enumerated rights may have been extended by it.Fourteenth Amendment
With Evan Bernick, Barnett reviews the history and sources of the Fourteenth Amendment as well as its misunderstanding and legal misuse in the Belknap Press title The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit. Barnett's reading of Lysander Spooner was instrumental in changing his constitutional theory."LegalTheory". Worldcat.org list. Worldcat.org Retrieved 15 November 2021.Susan Swain, host. (11 November 2021). "Q&A Series: Q&A with Randy Barnett and Evan Bernick." C-Span website about 55 minutes in. Retrieved 15 November 2021.Repeal Amendment
(File:Randy Barnett (9274457988).jpg|thumb|Barnett speaking at the 2013 FreedomFest in Las Vegas, Nevada)Barnett has proposed a Repeal Amendment to the United States Constitution, which would give two thirds of the states the power to repeal any federal law or regulation.Barnett, Randy and Howell, William J. (2010-09-16) [The Case for a "Repeal Amendment"], Wall Street Journal According to Barnett, the proposed amendment "provides a targeted way to reverse particular congressional acts and administrative regulations without relying on federal judges or permanently amending the text of the Constitution to correct a specific abuse." He described the intent of the amendment as follows:{{blockquote|The Repeal Amendment alone will not cure all the current problems with federal power. Getting two-thirds of state legislatures to agree on overturning a federal law will not be easy and will only happen if a law is highly unpopular.Perhaps its most important effect will be deterring even further expansions of federal power. Suppose, for example, that Congress decides to nationalize private pension investments. Just as it must now contemplate a presidential veto, so too would Congress need to anticipate how states will react.The Repeal Amendment would help restore the ability of states to protect the powers 'reserved to the states' noted in the 10th Amendment. And it would provide citizens another political avenue to protect the 'rights ... retained by the people' to which the Ninth Amendment refers. In short, the amendment provides a new political check on the threat to American liberties posed by a runaway federal government. And checking abuses of power is what the written Constitution is all about."}}Barnett's proposal has received interest from many politicians and academics, even those who do not share his libertarian beliefs. "[A] number of congressional Republicans, including soon-to-be House Majority Leader Eric Cantor" have endorsed the proposal,Kinsella, Stephan (2010-12-03) Randy Barnett's Federalism Amendment, Mises.org as has Attorney General of Virginia Ken Cuccinelli.WEB,weblink Letter from Ken Cuccinelli to State Attorneys General, December 1, 2010, Republican Congressman Rob Bishop of Utah introduced the amendment in the House of Representatives.Elliot, Philip (2010-11-30) Conservatives push amendment for repeal{{dead link|date=June 2021|bot=medic}}{{cbignore|bot=medic}}, Washington Post University of Texas Law Professor Sanford Levinson has said that the Repeal Amendment "ha[s] the merit of recognizing that structures matter.".Levinson, Sanford (2010-12-09) It's the Constitution, stupid, BalkinizationBill of Federalism
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- Disallow federal income taxes (repeal Sixteenth Amendment), as well as gift, estate, and consumption taxes; allow FairTax; require a three-fifths supermajority to raise or set new taxes
- Set limits on the Interstate Commerce Clause
- Disallow unfunded mandates and conditions on funding.
- Close a constitutional loophole that allows treaties to override established limits on power
- Extend free speech consideration to campaign contributions and to cover any medium of communication (including the Internet)
- Allow a resolution of three fourths of the states to rescind any federal law or regulation.
- Establish term limits for Senators and Representatives.
- Provide the President with a line-item veto to balance the budget on any year in which it is unbalanced.
- Reinforce the Ninth Amendment by specifying additional rights and by providing a process for any person to prove the existence of an unenumerated right.
- Restrict judicial activism by mandating an originalist method of interpretation.
Person life
Barnett is married to Beth Barnett. Their son, Gary Barnett, attended Georgetown University Law Center and now works as a prosecuting attorney in Brooklyn, New York. Their daughter, Laura Barnett, lives in Washington, D.C., and works for the Institute for Humane Studies.Bibliography
Books
- (Our Republican Constitution: Securing the Liberty and Sovereignty of We the People) (2016)
- (Restoring the Lost Constitution: The Presumption of Liberty) (2003)
- (The Structure of Liberty: Justice and the Rule of Law) (1998)
- Contract Cases and Doctrine (1995, 2d ed 1999, 3d ed 2003, 4th ed 2008)
- Perspectives on Contract Law (1995, 2d ed 2001, 3d ed 2005)
Articles
- "Justice Kennedy's Libertarian Revolution: Lawrence v. Texas" (Social Science Research Network 2003).
- Barnett, "Restitution: A New Paradigm of Criminal Justice" (Ethics 87, no. 4, July 1977).
- ENCYCLOPEDIA, Barnett, Ronald, Hamowy, Ronald Hamowy, The Encyclopedia of Libertarianism, Spooner, Lysander (1808â1887),weblink 2008, SAGE Publishing, Sage; Cato Institute, Thousand Oaks, CA, 978-1412965804, 750831024, 2008009151, 488â490, 10.4135/9781412965811.n297,
Movies
- InAlienable (2008) {{ndash}} Assistant to Crystal Barry (Marina Sirtis) (InAlienable IMDB entry)
References
{{reflist}}External links
- RandyBarnett.com
- Appearances at the U.S. Supreme Court from the Oyez Project
- {{IMDb name|id=2832440}}
- {{C-SPAN|5677}}
- content above as imported from Wikipedia
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