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Restoring the Lost Constitution:
The Presumption of Liberty
Randy E. Barnett
With a new afterword by the author

Book Description | Reviews
Introduction [in PDF format]

TABLE OF CONTENTS:

Preface ix
INTRODUCTION Why Care What the Constitution Says? 1
Part I. Constitutional Legitimacy 7
CHAPTER ONE The Fiction of "We the People": Is the Constitution Binding on Us? 11
CHAPTER TWO Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People 32
CHAPTER THREE Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities 53
Part II. Constitutional Method 87
CHAPTER FOUR Constitutional Interpretation: An Originalism for Nonoriginalists 91
CHAPTER FIVE Constitutional Construction: Supplementing Original Meaning 120
CHAPTER SIX Judicial Review: The Meaning of the Judicial Power 132
Part III. Constitutional Limits 151
CHAPTER SEVEN Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause 155
CHAPTER EIGHT Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause 193
CHAPTER NINE The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong 226
CHAPTER TEN The Presumption of Liberty: Protecting Rights without Listing Them 255
PART IV. Constitutional Powers 273
CHAPTER ELEVEN The Proper Scope of Federal Power: The Meaning of the Commerce Clause 277
CHAPTER TWELVE The Proper Scope of State Power: Construing the "Police Power" 322
CHAPTER THIRTEEN Showing Necessity: Judicial Doctrines and Application to Cases 338
CONCLUSION Restoring the Lost Constitution 357
AFTERWORD 361
Index of Cases 421
Index of Names 423
General Index 427

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File created: 11/11/2014

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