Law

Restoring the Lost Constitution: The Presumption of Liberty

ABSTRACT

This academic Socratic seminar was based on Randy Barnett’s book Restoring the Lost Constitution: The Presumption of Liberty. Barnett argues that the US Supreme Court has created a strong presumption in favor of governmental action unless one can point to express limitations on government action in the Bill of Rights or elsewhere in the Constitution. Barnett insists that the Constitution establishes a “presumption of liberty,” under which the government must justify any intrusion on the liberty of the people as both necessary and proper.

READING LIST

Conference Readings

Barnett, Randy E. Restoring the Lost Constitution: The Presumption of Liberty. Princeton: Princeton University Press, 2004.