Our republican Constitution: securing the liberty and sovereignty of We the people pdf

Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County State’s Attorney’s Office in Chicago. He has been a visiting professor at Northwestern and Harvard Law School. In 2008, he was awarded a Guggenheim Fellowship in Constitutional Studies. In 2004, Barnett appeared before the U.S. Supreme Court to argue the medical cannabis case of Gonzalez v. Raich. He lectures internationally and has appeared on radio and television programs such as the CBS Evening News, PBS NewsHour, Talk of the Nation (NPR), Hannity & Colmes (FOX), and the Ricki Lake Show. He delivered the Kobe 2000 lectures in jurisprudence at the University of Tokyo and Doshisha University in Kyoto. Barnett’s scholarship includes more than 80 articles and reviews as well as 8 books, including Restoring the Lost Constitution: The Presumption of Liberty (Princeton, 2004), Constitutional Law: Cases in Context (Aspen 2008), Contracts Cases and Doctrine (Aspen, 4th ed. 2008), and Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (Broadside Books, 2016).

Our republican Constitution: securing the liberty and sovereignty of We the people pdf by Randy Barnett

Creating our republican Constitution -- Improving our republican Constitution -- Preserving our republican Constitution -- Conclusion : redeeming our republican Constitution.;"From the early days of the American republic, the nature of government "of the people, by the people, for the people" has been disputed. This is because there are not one but two very different notions of "We the People" and popular sovereignty, which yield competing schools of constitutional thought. The democrats view We the People collectively and think popular sovereignty resides in the people as a group. They view the Constitution as a living document and contend that today's majority should not be governed by the dead hand of past majorities. The republicans view We the People as a collection of individuals. Their vision of government is that it should not reflect the will of the majority--but rather secure the preexisting rights of each and every person to life, liberty, and the pursuit of happiness. This fundamental disagreement lies at the heart of our current national divide. In [this book], Barnett tells the fascinating story of how this conflict arose shortly after the Revolution, leading to the adoption of a new and innovative republican constitution; and how the struggle and eventual victory over slavery led to its improvement by a newly formed Republican Party. Yet soon after, progressive academics and activists urged the courts to remake it into a democratic constitution by ignoring key passages of its text. And eventually the courts complied. ... Drawing from his deep knowledge of constitutional law and history ..., Barnett explains why We the People would benefit greatly from the renewal of our Republican Constitution, and how this can be accomplished in the courts and political arena."--Jacket.