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We the People

The Evolution of Originalism

We the People

National Constitution Center

History, News Commentary, News

4.61K Ratings

🗓️ 25 July 2024

⏱️ 56 minutes

🧾️ Download transcript

Summary

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) Stay Connected and Learn More: Questions or comments about the show? Email us at [email protected].  Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. Donate

Transcript

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0:00.0

Randy Barnett has published a new book, A Life for Liberty, The Making of an American Originalist.

0:06.0

It's a memoir about his remarkable legal career and the rise of originalism.

0:11.0

Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution

0:18.1

Center and welcome to We The People, a weekly show of constitutional debate.

0:22.8

The National Constitution Centers a nonpartisan nonprofit chartered by Congress to increase awareness

0:28.6

and understanding of the Constitution among the American people.

0:32.4

In this episode, we'll discuss Professor Barnett's career as a Supreme Court advocate

0:37.1

and a constitutional scholar and his path-breaking role in transforming the understanding

0:42.0

of originalism from a commitment to judicial

0:44.2

restraint to a commitment to what he calls constitutional conservatism under which the

0:49.2

court can legitimately enforce limits on congressional power.

0:54.4

Randy Barnett is the Patrick Ho-Tung Professor of Constitutional Law

0:58.1

at the Georgetown University Law Center

1:00.4

and faculty director of the Georgetown Center for the Constitution.

1:05.0

Randy, it is wonderful to welcome you back to We The People.

1:08.0

Well, it's great to be here, Jeff.

1:10.0

Thank you so much for scheduling this to talk about my book.

1:13.0

I really appreciate it.

1:14.4

I'm so glad to have the chance to talk with you about the book.

1:17.6

Congratulations.

1:18.8

And you note that you are perhaps the first American law

1:22.4

professor to have published a memoir.

...

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