On Wednesday, May 18th, The Heritage Foundation is holding a conference on Lost But Not Forgotten: Reviving the Original Meaning of the Constitution. Participants include: Me, David Forte, Keith E. Whittington, John Harrison, Michael Paulson, and Christopher Wolfe, with closing remarks by former-Attorney General Edwin Meese III. Registration is free. Panels will discuss: “From the […]
Author Archive | Randy Barnett
Sunstein-Barnett Debate, Grand Finale!
In his last post of our week-long debate on the supposed “Constitution in Exile” movement, Cass Sunstein goes out with a bang. My final reply is now posted here.
Word v. WordPerfect:
I have received more responses to my brief post condemning Word and extolling the virtues of WordPerfect than I have to my week-long exchange with Cass Sunstein. Most wrote to express solidarity. A couple persons wrote to tell me about OpenOffice as an alternative to WordPerfect, though I am very happy with WordPerfect and do […]
Originalism and the Role of Precedent:
Those who have enjoyed my debate this week with Cass Sunstein, may be interested in a new short paper I have just posted on SSRN concerning the proper role of precedent in a theory of originalism. It is entitled, Trumping Precedent with Original Meaning: Not as Radical as It Sounds. Here is the abstract: In […]
I Hate MicroSoft Word:
A propos Jim Lindgren’s post, have I ever mentioned how much I detest Microsoft Word? Word reformats paragraphs and everything else as it wishes and it is sometimes next to impossible to trick it into keeping it to the format you prefer. I assume that someone somewhere knows how to make all this work, but […]
Sunstein-Barnett Debate, Round 4:
My response to Cass Sunstein’s latest foray on the so-called “Constitution in Exile” is up now on the LegalAffairs Debate Club. Only one more round to go.
Sunstein-Barnett Debate, Episode III:
My reply to Cass Sunstein’s latest post on the “Constitution in Exile” is now up at LegalAffairs’ Debate Club. For another take on the so-called Constitution-in-Exile movement, check out Michael Greve’s essay Liberals in Exile.
A Correction:
Recently I had a chance to talk with Chief Judge Douglas Ginsburg. He offered the following clarifications/corrections of my blog post of April 13 (Supreme Opportunity Lost): In my post, I referred to (and attributed to Nina Totenberg) the oft-repeated claim that there were students at the party he attended while teaching at Harvard. Judge […]
Debate With Sunstein–Part Deux:
My reply to Cass Sunstein’s latest post on the “Constitution in Exile” is now up in the Legal Affairs Debate Club.
White House Correspondents Dinner:
Those who missed the White House Correspondents Association Dinner on Saturday night on C*SPAN can catch it (for the next 12 days) on its website here (RealOne Player required). The President starts speaking at 1:15 into the webcast and he is almost immediately interrupted by Laura.who then does her routine. It is pretty funny. Cedric […]
Don’t Bogart that marijuana case:
The Supreme Court reporter for the UPI finds it odd that the Court has taken so long to decide our case, but still thinks we are going to lose. I thought you would find the story of interest. Here is how it begins: Washington, DC, Apr. 22 (UPI) — A Supreme Court decision on medical […]
The Symbiosis Between the MSM and Bloggers:
A really nice column on the how the MSM needs bloggers and vice versa by Phil Boas, the deputy editorial page editor for The Arizona Republic: Bloggers: The light at the end of the newspaper’s tunnel. Here is how it begins: Engaged bloggers are voracious newspaper readers, too. It’s customary for anyone writing to the […]
Tip to Students (and other readers):
A student wrote concerning my post on Sai Prakash and John Yoo’s article on judicial review: I was a little surprised to see your recent post asserting that judicial review was not “made up” in Marbury v. Madison. As I understood it after taking ConLaw, the idea of judicial review had been around before that […]
Simply Devastating:
One of the things I really enjoy about a pool-side vacation is how much work I am able to get done. The highlight of this weekend in Tucson was reading two articles, each of which devastates its target, which in both cases happens to be Larry Kramer. The first is “The Origins of Judicial Review” […]
Left2Right on Hayek:
I just ran across two interesting old posts on Left2Right using Hayek to make leftist points (I use “leftist” advisedly as the posts are on “Left2Right.”) One is How Not to Complain About Taxes (III): “I deserve my pretax income” by Elizabeth Anderson (there are a LOT of links to this one). The other is […]