The Reason Interview With Nick Gillespie

Randy Barnett: Originalism, Obamacare, and the Libertarian Movement

5 snips
Jul 31, 2024
Randy Barnett, a renowned libertarian legal scholar and Georgetown law professor, shares insights from his memoir, discussing his journey shaping the philosophy of originalism. He recounts his experiences arguing landmark cases like Gonzales vs. Raich for medical marijuana and NFIB vs. Sebelius regarding Obamacare. Barnett reflects on his working-class roots in Calumet City and critiques the libertarian movement's need for an intellectual reboot, emphasizing the importance of rigorous ideas in politics and the influence of mentors like Murray Rothbard.
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ANECDOTE

First Supreme Court Case

  • Randy Barnett began his Supreme Court litigation career with Gonzales v. Raich.
  • This case concerned medical marijuana usage in California.
INSIGHT

Necessary and Proper Clause

  • The Supreme Court's rationale in Gonzales v. Raich relied on the Necessary and Proper Clause, not just the Commerce Clause.
  • This allowed them to regulate intrastate activity if deemed necessary for interstate commerce regulation.
ANECDOTE

The Lopez Decision

  • The Lopez case (1995) involved a student bringing a gun to school, violating the Gun-Free School Zones Act.
  • The Supreme Court ruled the act unconstitutional as it regulated non-economic activity.
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