Posted by Randy Barnett:
Defending My Book:
My reply to Trevor Morrison's review of [1]Restoring the Lost
Constitution: The Presumption of Liberty in the Cornell Law Review is
now available on SSRN [2]here. Because Trevor made four quite
difference criticism each requiring a response, I could not think of a
clever unifying title for my reply (which will be published in the
Cornell Law Review along with his review). So I called it, [3]Why You
Should Read My Book Anyhow: A Reply to Trevor Morrison. Here is the
abstract:
In his review of my book, Restoring the Lost Constitution: The
Presumption of Liberty, Trevor Morrison takes issue with (1) the
relationship I describe between constitutional legitimacy and
constitutional method, (2) my particular defense of originalism,
(3) the operation of my proposed construction of the
Constitution--The Presumption of Liberty--and (4) my interpretation
of Lawrence v.Texas.
In this reply I defend the fact that I hold a conception of
constitutional liberty at partial variance from that of the
Founders, the reasonableness and limits of originalist
interpretation, the conception of the police power identified in
Restoring the Lost Constitution, and my reading of Lawrence v.
Texas. Because Professor Morrison's objections are not atypical of
those I have heard from others, I hope that reading my reply will
induce skeptics of my approach to read my book anyway.
Indeed, I often heard these criticisms of my approach from faculty
commentators when I was on my book tour last year, so this is a nice
opportunity to answer them.
While you are in a downloading mood, you can also download the short
essay, Grading Justice Kennedy [4]here. I posted about it on Tuesday.
References
1.
http://www.amazon.com/exec/obidos/tg/detail/-/0691115850/ref=ase_randyebarnetbost/102-7071653-9118550?v=glance&s=books
2. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=695844
3.
http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID695844_code355514.pdf?abstractid=695844&mirid=1
4. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=694321
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