The Question of the Good Constitution [No. 86]
Professor Randy Barnett argues that the duty we owe to the Constitution, we owe to the Constitution as amended. The original Constitution, which protected slavery, has been rectified by the addition of the 13th, 14th, and 15th Amendments. The current Constitution is a good framework for government that rightfully merits obedience. Professor Randy E. Barnett […]
How Does the Constitution Protect Individual Rights? [No. 86 LECTURE]
Everyone knows that the Constitution was designed to protect the rights of the people. But how exactly does it accomplish that? Professor Randy Barnett discusses how the separation of powers and the amendment process play important roles in protecting citizens from the abuses of a powerful federal government. * * * * * As always, […]
The Implicit Power of Judicial Review [No. 86 LECTURE]
The term “judicial review” isn’t found in the Constitution. So where did it come from and what does it mean? Professor Randy Barnett of Georgetown University Law Center joins us to discuss the proper role and power of the judiciary. Learn more at https://fedsoc.org/no86. * * * * * As always, the Federalist Society takes […]
What is Necessary and Proper for Congressional Power? [No. 86 LECTURE]
What powers does Congress have under the Necessary and Proper Clause, and the Commerce Clause? Professor Randy Barnett of Georgetown University Law Center joins us to discuss the landmark Supreme Court cases on this issue. Learn more at https://fedsoc.org/no86. * * * * * As always, the Federalist Society takes no position on particular legal […]
Is NFIB v. Sebelius a Commerce Clause Case? [No. 86]
What was the primary issue in NFIB versus Sebelius ? Professor Randy Barnett explains that this was not a Commerce Clause case because the Supreme Court had already decided that Congress could regulate insurance. In NFIB v. Sebelius, the question was whether the federal government could force citizens to transact with private insurance companies. Five […]
What Power Does Congress Have to Regulate Commerce? [No. 86]
What did the Founders have in mind when they gave Congress the power to “regulate commerce”? Professor Randy Barnett outlines the three types of commerce that Congress is authorized to supervise. Professor Barnett explains that once Congress moves beyond regulating commerce itself to also regulating any interstate activity that involves commerce, the powers of the […]
Due Process of Law [No. 86]
Where did the phrase “due process” come from and what does it mean? Professor Randy Barnett discusses the definition of due process and the history of how the concept protected English citizens under the Magna Carta. Professor Barnett explains where and why the term was included in the Constitution, and how due process protects the […]
Enumerated Powers, the Necessary and Proper Clause, and Prigg v. Pennsylvania [No. 86]
What is the relationship between the Constitutional enumerated powers of Congress and the Necessary and Proper Clause? Professor Randy Barnett discusses one of the most notorious Supreme Court cases – Prigg v. Pennsylvania. At issue in the case was whether Congress had the power to enact the Fugitive Slave Act, pursuant to the Fugitive Slave […]
Marbury v. Madison: Judicial Review and Judicial Supremacy [No. 86]
Did the idea of “judicial review” originate with Marbury v. Madison? Does Marbury justify judicial supremacy? Professor Randy Barnett posits that the idea of judicial review existed before Marbury although the term itself was coined much later in the 20th century. Professor Barnett explains that it has always been the job of the Supreme Court […]
Slavery, States Rights, and the Constitution [No. 86]
How did the Founders think about slavery? How did it affect the construction of the Constitutional system? Professor Randy Barnett notes that many of the Founders were opposed to slavery but they believed that the states ought to be allowed to govern themselves on this and other issues. Professor Barnett explains that the Constitution barely […]
