My Wall Street Journal essay, Cronyism, is available (for free) on OpinionJournal.com. Here is the concluding paragraph: Times like these demand a justice with a firm grasp on constitutional text, history and principles. Someone who can resist the severe pressure brought by Congress, by the executive branch, by state and local governments, and also by […]
Author Archive | Randy Barnett
My Take on Miers:
I have an op-ed scheduled to run in tomorrow’s Wall Street Journal. I am told it will also be available on the free-to-access OpinionJournal.com. I will provide a link to it when it comes on line. I wrote the essay over the past few hours without reading anything on the blogosphere, so it reflects my […]
“Underlying Principles” and Original Meaning:
Jon Rowe has an interesting post here on original meaning interpretation. In particular, he responds to arguments based on “the Constitution says nothing about X” and discusses Jack Balkin’s recent posts in which Jack seems to be warming up to originalism. I do have one caution about Jack’s appeal to what he calls the “underlying […]
Leiter’s Rules:
Brian Leiter has some good advice for law schools seeking to promote themselves to law professors to improve their reputational ratings for U.S. News. …since everyone wants to get their news out before the new U.S. News surveys get sent out. Yesterday, I received promotional materials from six different law schools! I read, or at […]
Judicial Conservatism:
Last week, I discussed “judicial conservatism” on the Kojo Nnamdi Show on WAMU-FM, DC public radio. Other guests were Professor Earl Maltz (Rutgers University School of Law at Camden) and Manuel Miranda (Founder and Chairman, Third Branch Conference). You can hear it here in either Real Audio or Windows Media Player (links on right side […]
WSJ Column Now Online:
OpinionJournal.com has made my op-ed on Chief Justice Rehnquist available for free here as part of its “At Law” series.
Will The “New Federalism” Survive the New Court?
The Wall Street Journal has given permission for me to reproduce the entirety of my op-ed in yesterday’s edition marking the passing of Chief Justice Rehnquist, the Rehnquist Court, and perhaps also the “New Federalism” that he did so much to develop. [UPDATE: It is now available for free on OpinionJournal.com here.] William Rehnquist By […]
Orin on ‘Where’s George”:
It is not my intention to express a strong opinion on the handling of the catastrophe in New Orleans. Like everyone else I only know what I see on TV, and it has been horrific at times. And almost any opinion one now expresses–apart from offering assistance to those in need–can seem like an attempt […]
ACS Panel on John Roberts Nomination:
On Wednesday I was on a panel here at Georgetown about the Roberts nomination that was sponsored by the American Constitution Society. It was broadcast live by C*SPAN and is archived and available for viewing on line (using RealVideo) here. (or click here and scroll down to program entitled “American Constitution Society Panel on John […]
Sandefur on Balkin:
On Positive Liberty, Tim Sandefur has a characteristically thoughtful response to Jack Balkin’s Slate essay. Read the whole thing, but here is a taste: The fact is, liberal talk of the “living” Constitution is not talk of a living Constitution at all, but talk of a dead Constitution—a Constitution whose clauses are to be manipulated, […]
Clayton Cramer on the Ninth Amendment:
I am very appreciative of the comments I have received so far on my paper, “The Ninth Amendment: It Means What it Says,” especially by my co-blogger Jim Lindgren. While I do not intend to respond to these comments as they appear, Clayton Cramer has published his lengthy reactions to my paper in the comment […]
The Ninth Amendment Means What it Says:
The Ninth Amendment reads: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. While many in the blogosphere have debated the original meaning of this amendment, in the end it is evidence that should settle the question. But this requires the more traditional […]
At Georgetown
My blogging has been virtually nonexistent in the weeks running up to my visit this fall to Georgetown. (In the spring semester, I return to Boston.) I have been preoccupied with getting a number of projects completed and with the logistics of the move. Now I am here in DC. What a gorgeous campus the […]
ACS Convention Balance:
I want to add to Orin’s post about the ACS convention that, months ago, they invited me to speak on their panel on the Privileges or Immunities Clause. I was forced, regretfully, to decline because I was scheduled to be in Germany until Saturday afternoon. After I spoke at their Supreme Court Review at the […]
Jury Nullification:
There is an interesting column on FoxNews.com by Radley Balko on the provocative subject of jury nulification. Balko raises the issue in the context of two criminal prosecutions for the medical use of illegally possessed drugs. The doctrine of jury nullification rests on two truths about the American criminal justice system: (1) Jurors can never […]