Evolution and Shift in Originalism Theory

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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