A Book Recommendation

Some time ago I read a book which I highly recommend. It is Restoring the Lost Constitution : The Presumption of Liberty by Randy E. Barnett.

Randy Barnett is a Law Professor who was at Boston University and has recently moved to Georgetown. I saw him speak at a Conference put on by the Libertarian Society of Boston University. He argued the Raich case before the US Supreme Court. That was the medical marijuana case, which unfortunately, he lost.

First the book provides a discussion of constitutional philosophy from a libertarian perspective. What could justify considering that a person has an obligation to follow laws created under the process specified by a constitution when that person was not involved in ratifying the constitution? He considers various arguments and finds one he considers valid.

The book then discusses methods of constitutional interpretation and the validity of them.

Then there is a history of the evolution of constitutional interpretation. This provides insight into how we ended up in the current situation where the bulk of Federal law is unconstitutional.

Among his other books is The Structure of Liberty : Justice and the Rule of Law. I have this book but I have not read it yet.

Professor Barnet also writes at the legal blog The Volokh Conspiracy. He has a few recent posts that you might find interesting.

"Libertarian" Constitutional Quote of the Day
"Libertarian" Constitutional Quote of the Day II:
"Libertarian" Constitutional Quote of the Day III
"Libertarian" Constitutional Quote of the Day IV
"Libertarian" Constitutional Quote of the Day V
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"Libertarian" Constitutional Quote of the Day VI
Radio Show On Liberty

Tony