We the People

The Evolution of Originalism

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Georgetown Law Professor Randy Barnett is the author of A Life for Liberty: The Making of an American Originalist, a new memoir about his remarkable legal career. He joins Jeffrey Rosen to discuss his role in the evolution of originalism from a philosophy of judicial restraint to one of constitutional conservatism dedicated to restoring “the lost Constitution.”


Resources:
  • Randy Barnett, A Life for Liberty: The Making of an American Originalist (2024) 
  • Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2014) 
  • Randy Barnett, “Two Conceptions of the Ninth Amendment,” (1989)  
  • Ronald Dworkin, Taking Rights Seriously (1978) 
  • Antonin Scalia, “Originalism: The Lesser Evil,” (1989)  
  • National Federation of Independent Business v. Sebelius (2012) 
  • “Originalism: A Matter of Interpretation,” NCC America’s Town Hall Program (2022) 


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    • You can find transcripts for each episode on the podcast pages in our Media Library.


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