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Restoring the Lost Constitution
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. Ba...
The Structure of Liberty : Justice and the Rule of Law
In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but...
Possessed
What had she done? Alone, scared, sitting in the holding cell of the Kalkaska County Sheriff’s Department, Iris Harris never imagined she would be trapped in a battering relationship. Her life was not without struggles but by her forties she was content and fulfilled, teaching inner city children in the City of Detroit. A chance encounter, in a small mid-Michigan town, with an older outwardly pleasant and charming real estate agent, plunged her into a nightmare of emotional, physical and sexual abuse. She became his possession. It was the seventies. The legal system was impotent to render assistance. Society was incapable of understanding the dynamics of domestic violence and unwilling to intervene. To her friends and neighbors she was the one at fault. Iris was ensnared in a vicious cycle of abuse. Her only wish—to be free. Her only hope—to be found not guilty.
Hearings
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The Golden Rule
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Our Republican Constitution
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by ma...
