Restoring the Lost Constitution

Restoring the Lost Constitution

by Randy Barnett

Finished March 7, 2005

I feel that I have read a book of substance, one that covers new ground, and that is quite important. I also feel tired. This book was a labor for me, having never read much of these debates. Actually, the debate is kind of new. It seems few people have taken the approach Barnett is. Few knew anything about the 9th Amendment.

I understood almost every section, excepting the Priviledges and Immunities Clause discussion.

He writes so carefully. His libertarian philosophy is masked under careful sentences.

Written constitutions matter. How people can be bound to obey them, even though they did not consent. The Presumption of Liberty. How the New Deal Court went astray. What a genius James Madison was. I owe it to myself to read more about him. Why original meaning is better than original intent.

It made me wonder, how the constitution of the EU and of Iraq have tried, or not tried to restrain government and enhance the liberties of the people. That the government was to be restrained is so obvious from the words of the founders. This suspicion has been largely dismissed in the past 70 years.
The preamble to the Montana Constitution is laughable when read in the light of this book. It is a laundry list of social goals for government, not a careful hedge around government.

I would be better prepared to act as a delegate now, than prior to reading.

2 Responses

  1. Readers like you make the effort of writing worthwhile.

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