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Restoring the Lost Constitution:
The Presumption of Liberty
Randy E. Barnett

Book Description | Reviews
Introduction [HTML] or [PDF format]

TABLE OF CONTENTS:

Preface ix
INTRODUCTION
Why Care What the Constitution Says? 1
PART I. Constitutional Legitimacy
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
CHAPTER FOUR
Constitutional Interpretation: An Originalism for Nonoriginalists 89
CHAPTER FIVE
Constitutional Construction: Supplementing Original Meaning 118
CHAPTER SIX
Judicial Review: The Meaning of the Judicial Power 131
PART III. Constitutional Limits
CHAPTER SEVEN
Judicial Review of Federal Laws:The Meaning of the Necessary and Proper Clause 153
CHAPTER EIGHT Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause 191
CHAPTER NINE
The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong 224
CHAPTER TEN
The Presumption of Liberty: Protecting Rights without Listing Them 253
PART IV. Constitutional Powers
CHAPTER ELEVEN
The Proper Scope of Federal Power: The Meaning of the Commerce Clause 274
CHAPTER TWELVE
The Proper Scope of State Power:Construing the "Police Power" 319
CHAPTER THIRTEEN
Showing Necessity: Judicial Doctrines and Application to Cases 335
CONCLUSION
Restoring the Lost Constitution 354
Index of Cases 359
Index of Names 360
General Index 363

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File created: 4/17/2014

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