Originalism is a way of interpreting the Constitution that could help it be understood through either framer’s intent or what the public would’ve intended at the Constitution’s ratification. Supporters say the Constitution needs modern interpretation, even if some pre-existing circumstances are nonexistent. Others argue it doesn’t make sense to keep our laws limited to what society back then would’ve valued. In this context, we debate: Should the Supreme Court Focus on the Original Meaning of the Constitution? Arguing Yes: Randy Barnett  Arguing No: Prof. Thomas Colby Emmy award-winning journalist John Donvan moderates   Learn more about your ad choices. Visit podcastchoices.com/adchoices

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.

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.

Georgetown Law Professor Randy Barnett discusses the evolution of originalism from judicial restraint to constitutional conservatism. He explores his journey into originalism, the impact of influential figures like Spooner and Scalia, and the shift towards judicial constraint. The conversation delves into the Ninth Amendment, the conservative judicial movement, and the importance of advocating for constitutional principles.

Randy Barnett, one of America's foremost jurists and a professor at Georgetown Law, discusses unenumerated rights in the context of the 9th and 10th amendments. The podcast covers the evolution of judicial philosophy, the concept of natural rights, government regulation of public morality, the distinction between negative and positive rights, federalism 3.0 and the 10th amendment, and the originalist interpretation of cruel and unusual punishment.