Re: Marshall Upholding Federal Statutes

2003-08-14 Thread Randy Barnett
I have an article now pending at law reviews called, The Original Meaning of the Judicial Power, in which I respond to Leonard Levy and others who claim that judicial nullification of unconstitutional laws was not established at the time of the founding. The evidence from the

Re: The Original Meaning of the Judicial Power

2003-08-21 Thread Randy Barnett
I thank Professor Martin for his close reading of my paper and will reconsider the two characterizations by which I introduce the quotes from Madison and Morris in light of his comments.This is the great thing about posting articles prepublication. However, I should emphasize that I presented

Re: Patriot Act

2003-08-21 Thread Randy Barnett
As a critic of some important, but not all, aspects of the Patriot Act, I must admit to being less so after reading: Orin S. Kerr, Internet Surveillance Law after the US Patriot Act: The Big Brother That Isn't, 97 Northwestern University Law Review 607-73 (2003). To be clear, Kerr does not claim

Re: The Original Meaning of the Judicial Power

2003-08-26 Thread Randy Barnett
reading of in Pursuance thereof than I am assigning to it? Much obliged, John John C. Eastman Professor of Law, Chapman University School of Law Director, The Claremont Institute Center for Constitutional Jurisprudence -Original Message- From: Randy Barnett [mailto:[EMAIL PROTECTED] Sent

Re: The Original Meaning of the Judicial Power

2003-08-26 Thread Randy Barnett
page) http://www.RandyBarnett.com/SOL.htm (Structure of Liberty page) -Original Message- From: Discussion list for con law professors [mailto:[EMAIL PROTECTED] On Behalf Of Randy Barnett Sent: Monday, August 25, 2003 11:46 PM To: [EMAIL PROTECTED] Subject: Re: The Original Meaning

Re: John Bingham the Story of American Liberty

2003-09-23 Thread Randy Barnett
Michael's new article is of great interest, and I highly recommend it--even without any disparagement of Washington, Madison Hamilton as producing a Constitution that did not abolish slavery. (For all their accomplishments, Bingham and Howard did not abolish legal discrimination against women,