Randy Barnett, a constitutional law professor passionate about originalism and individual rights, shares his journey from conservative roots to embracing libertarianism. He discusses the challenges of navigating a liberal campus, emphasizing the value of diverse opinions. The episode delves into the often-overlooked Ninth Amendment and its implications for personal rights. Barnett also highlights the tension between individual liberties and corporate power, showing how both can affect freedom. His insights offer a hopeful perspective on the future of liberty and the importance of resilience.
Randy Barnett encourages students to engage with opposing views to enrich their legal education while maintaining their personal principles.
Barnett's journey from conservatism to libertarianism highlights the philosophical foundations that shape interpretations of law and individual liberty.
Deep dives
Experiences at Georgetown Law
Teaching at Georgetown University has been a surprisingly rewarding experience for Randy Barnett, who identifies as the lone right of center constitutional law professor among approximately 130 faculty members. Despite the campus’s political leanings, he emphasizes that he is well-treated by colleagues and finds a constructive environment for his teaching. Barnett reflects on his earlier experiences as a student, highlighting his initial resistance to what he perceived as indoctrination, which he now advises against. Instead, he encourages students to engage with opposing views to gain a deeper understanding of the law, urging them not to lose sight of their principles while learning from their professors.
Navigating Resistance in Legal Education
Barnett discusses the pitfalls of entering a 'resistance mode' during law school, a mindset he regrets adopting as a student. He suggests that students who feel their principles are under attack should instead have confidence that they can remain true to their beliefs while still gaining a robust legal education. He emphasizes the importance of understanding differing viewpoints rather than focusing solely on disagreements, which can distract from the learning process. By integrating a more open and inquisitive approach, students can enrich their legal knowledge and skills without compromising their individual values.
The Evolution of Legal Identity
Barnett reflects on his journey from political conservatism to embracing libertarianism, sparked by influential classmates and the works of thinkers like Lysander Spooner. He acknowledges that his earlier conservative views lacked a strong philosophical foundation, which he found in libertarian principles that emphasize individual liberty. His active engagement with libertarian ideas evolved during his time in law school and led to significant contributions to the movement. This transition illustrates a broader conversation within the legal community about the guiding principles that shape interpretations of law and justice.
The Role of Originalism in Modern Jurisprudence
Barnett argues for a clearer understanding of originalism, advocating for public meaning over the framers' intent in constitutional interpretation. He discusses how originalism, while gaining traction, often falls short in current court rulings due to a reluctance among justices to fully embrace its principles. Citing significant legal cases as examples, he notes how judicial restraint can hinder the advancement of originalist thought. Barnett believes that a more robust application of originalism is crucial for protecting individual rights and limiting federal overreach.
Governor Mitch Daniels and constitutional law professor Randy Barnett discuss what it's like to be a conservative or libertarian on a liberal college campus, the changes in Barnett's political philosophy over time, and his development as a public meaning originalist. They also explore Barnett's interest in the ninth amendment and his theory that "first come rights and then comes government," as well as the idea that sometimes private property and liberty can be in conflict.
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