Randy E. Barnett

Carmack Waterhouse Professor of Legal Theory

B.A., Northwestern; J.D., Harvard

Areas of Expertise:

Constitutional Law, Contracts

Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of...

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Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States' Attorney's Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.

Professor Barnett's publications include twelve books, more than one hundred articles and reviews, as well as numerous op-eds. His most recent book is Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (HarperCollins 2016). His other books include:

·Restoring the Lost Constitution: The Presumption of Liberty (Princeton, 2d ed. 2014)

·The Structure of Liberty: Justice and the Rule of Law (Oxford, 2d. ed 2014)

·A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (co-authored) (Palgrave, 2013)

·Contracts: Cases and Doctrine (Wolters Kluwer, 5th ed. 2012) 

·Constitutional Law: Cases in Context (Wolters Kluwer, 2nd ed. 2013) 

·The Oxford Introductions to U.S. Law: Contracts (Oxford 2010)

In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act.  Recently, he appeared on PBS's Constitution USA with Peter Sagal;and he portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable.

Recent Scholarship

Forthcoming Works and Works in Progress

  • Randy E. Barnett & Evan Bernick, The Letter and the Spirit: The Judicial Duty of Good-Faith Constitutional Construction, (working paper).    [SSRN] [Gtown Law]

Books

  • Randy E. Barnett & Nathan B. Oman, Contracts: Cases and Doctrine (New York: Wolters Kluwer Law & Business 6th ed. 2017).   
  • Randy E. Barnett, Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (New York: Broadside Books 2016).   

Contributions to Law Reviews and Other Scholarly Journals

  • Randy E. Barnett, Foreword: The Continuing Relevance of the Original Meaning of the Thirteenth Amendment, 15 Geo. J.L. & Pub. Pol'y 1-11 (2017).    [W]
  • Randy E. Barnett, In Defense of Constitutional Republicanism: A Reply to Criticisms of Our Republican Constitution, 32 Const. Comment. 207-246 (2017) (commentary on reviews of Randy E. Barnett, Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016)).    [HEIN] [W]
View all scholarship

All Scholarship 2000 - Present

Forthcoming Works and Works in Progress

  • Randy E. Barnett & Evan Bernick, The Letter and the Spirit: The Judicial Duty of Good-Faith Constitutional Construction, (working paper).    [SSRN] [Gtown Law]

Books

  • Randy E. Barnett & Nathan B. Oman, Contracts: Cases and Doctrine (New York: Wolters Kluwer Law & Business 6th ed. 2017).   
  • Randy E. Barnett, Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (New York: Broadside Books 2016).   
  • Randy E. Barnett & Howard E. Katz, Constitutional Law: Cases in Context (New York: Wolters Kluwer Law & Business 2d ed. 2013 & Supp. 2014).    [BOOK]
  • Randy E. Barnett, Restoring the Lost Constitution: The Presumption of Liberty (Princeton, N.J.: Princeton University Press rev. ed. 2014).    [BOOK]
  • Randy E. Barnett, The Structure of Liberty: Justice and the Rule of Law (Oxford: Oxford University Press 2d ed. 2014).    [BOOK]
  • Randy E. Barnett, Jonathan H. Adler, David E. Bernstein, Orin S. Kerr, David B. Kopel & Ilya Somin, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Trevor Burrus ed., New York: Palgrave Macmillan 2013).    [BOOK]
  • Randy E. Barnett & Howard E. Katz, Constitutional Rights: Cases in Context (New York: Wolters Kluwer Law & Business 2013).    [BOOK]
  • Randy E. Barnett & Howard E. Katz, Constitutional Structure: Cases in Context (New York: Wolters Kluwer Law & Business 2013).    [BOOK]
  • Randy E. Barnett, Contracts: Cases and Doctrine (New York: Wolters Kluwer Law & Business 5th ed. 2012).    [BOOK]
  • Randy E. Barnett, Oxford Introductions to U.S. Law: Contracts (New York: Oxford University Press 2010).   
  • Randy E. Barnett, Perspectives on Contract Law (New York: Aspen Publishers 4th ed. 2009).    [BOOK]
  • Randy E. Barnett, Nathaniel Stewart & Todd Gaziano, Why the Personal Mandate to Buy Health Insurance is Unprecedented and Unconstitutional (Wash., D.C.: The Heritage Foundation 2009).   
  • Randy E. Barnett, Contracts: Cases and Doctrine (New York: Aspen Publishers 4th ed. 2008).    [BOOK]
  • Randy E. Barnett, Constitutional Law: Cases in Context (New York: Aspen Publishers 2008 & Case Supp. 2008, 2010, 2011).    [BOOK]
  • Randy E. Barnett, Perspectives on Contract Law (New York: Aspen Publishers 3d ed. 2005).    [BOOK]
  • Randy E. Barnett, Restoring the Lost Constitution: The Presumption of Liberty (Princeton, N.J.: Princeton University Press pbk. ed. 2005).    [BOOK]
  • Randy E. Barnett, Restoring the Lost Constitution (Princeton, N.J.: Princeton University Press 2004).    [BOOK]
  • Randy E. Barnett, Contracts: Cases and Doctrine (New York: Aspen Publishers 3d ed. 2003).    [BOOK]
  • Randy E. Barnett, Perspectives on Contract Law (New York: Aspen Publishers 2d ed. 2001).    [BOOK]
  • Randy E. Barnett, The Structure of Liberty: Justice and the Rule of Law (New York: Oxford University Press pbk. ed. 2000).    [BOOK]

Contributions to Law Reviews and Other Scholarly Journals

  • Randy E. Barnett, Foreword: The Continuing Relevance of the Original Meaning of the Thirteenth Amendment, 15 Geo. J.L. & Pub. Pol'y 1-11 (2017).    [W]
  • Randy E. Barnett, In Defense of Constitutional Republicanism: A Reply to Criticisms of Our Republican Constitution, 32 Const. Comment. 207-246 (2017) (commentary on reviews of Randy E. Barnett, Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (2016)).    [HEIN] [W]
  • Randy E. Barnett, Foreword: Why Popular Sovereignty Requires the Due Process of Law to Challenge "Irrational or Arbitrary" Statutes, 14 Geo. J.L. & Pub. Pol'y 355-372 (2016).    [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Three Narratives of the Slaughter-House Cases, 41 J. Sup. Ct. Hist. 295-309 (2016).   
  • Randy E. Barnett, The Making of a Libertarian, Contrarian, Nonobservant, but Self-Identified Jew, 16 Rutgers J.L. & Religion 247-253 (2015).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Why the NSA Data Seizures Are Unconstitutional, 38 Harv. J.L. & Pub. Pol'y 3-20 (2015).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, The Judicial Duty to Scrutinize Legislation, 48 Val. U. L. Rev. 903-920 (2014).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, We the People: Each and Every One, 123 Yale L.J. 2576-2614 (2014).    [W] [Gtown Law]
  • Randy E. Barnett, Afterword: The Libertarian Middle Way, 16 Chapman L. Rev. 349-365 (2013).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, From Antislavery Lawyer to Chief Justice: The Remarkable but Forgotten Career of Salmon P. Chase, 63 Case W. Res. L. Rev. 653-702 (2013).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, No Small Feat: Who Won the Health Care Case (and Why Did So Many Law Professors Miss the Boat)?, 65 Fla. L. Rev. 1331-1350 (2013).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Gravitational Force of Originalism, 82 Fordham L. Rev. 411-432 (2013).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, The Wages of Crying Judicial Restraint, 36 Harv. J.L. & Pub. Pol'y 925-933 (2013).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Welcome to the New Originalism: A Comment on Jack Balkin's Living Originalism, 7 Jerusalem Rev. Legal Stud. 42-48 (2013).    [HEIN] [SSRN] [Gtown Law]
  • Randy E. Barnett, Contract Is Not Promise; Contract Is Consent, 45 Suffolk U. L. Rev. 647-665 (2012).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, Does the Constitution Protect Economic Liberty?, 35 Harv. J.L. & Pub. Pol'y 5-12 (2012).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, Jack Balkin's Interaction Theory of "Commerce", 2012 U. Ill. L. Rev. 623-667.    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, The Disdain Campaign, 126 Harv. L. Rev. F. 1-12 (2012).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, Judicial Engagement Through the Lens of Lee Optical , 19 Geo. Mason L. Rev. 845-860 (2012).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, Interpretation and Construction, 34 Harv. J.L. & Pub. Pol'y 65-72 (2011).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, So Much For the Commerce Clause Challenge to Individual Mandate Being "Frivolous", 1 J.L. (1 The Post) 373-376 (2011).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, The Case for the Repeal Amendment, 78 Tenn. L. Rev. 813-822 (2011).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Tea Party, the Constitution, and the Repeal Amendment, 105 Nw. U. L. Rev. Colloquy 281-287 (2011).    [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, Turning Citizens into Subjects: Why the Health Insurance Mandate Is Unconstitutional, 62 Mercer L. Rev. 608-617 (2011).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Whence Comes Section One? The Abolitionist Origins of the Fourteenth Amendment, 3 J. Legal Analysis 165-263 (2011).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, 5 N.Y.U. J.L. & Liberty 581-637 (2010).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, Burt Neuborne & Diarmuid F. O'Scannlain, Constitutional Interpretation and the Bill of Rights: Minutes from a Convention of The Federalist Society, 5 N.Y.U. J.L. & Liberty 716-744 (2010).    [HEIN] [W] [WWW]
  • Randy E. Barnett, The Harmful Side Effects of Drug Prohibition, 2009 Utah L. Rev. 11-34.    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Misconceived Assumption About Constitutional Assumptions, 103 Nw. U. L. Rev. 615-661 (2009).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Randy E. Barnett, The Separation of People and State, 32 Harv. J.L. & Pub. Pol'y 451-454 (2009).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Annual B. Kenneth Simon Lecture: Is the Constitution Libertarian?, 2009 Cato Sup. Ct. Rev. 9-33.    [HEIN] [W]
  • Randy E. Barnett, Constitutional Clichés, 36 Cap. U. L. Rev. 493-510 (2008).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Kurt Lash's Majoritarian Difficulty: A Response to a Textual-Historical Theory of the Ninth Amendment, 60 Stan. L. Rev. 937-968 (2008).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Scrutiny Land, 106 Mich. L. Rev. 1479-1500 (2008).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Choice Between Madison and FDR, 31 Harv. J.L. & Pub. Pol'y 1005-1015 (2008).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Golden Mean Between Kurt & Dan: A Moderate Reading of the Ninth Amendment, 56 Drake L. Rev. 897-909 (2008).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Three Federalisms, 39 Loy. U. Chi. L.J. 285-294 (2008).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Constitutional Conventions, Claremont Rev. Books, Summer 2007, at 52-54 (reviewing Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) (2006)).    [WWW]
  • Randy E. Barnett, The People or the State?: Chisholm v. Georgia and Popular Sovereignty, 93 Va. L. Rev. 1729-1758 (2007).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Underlying Principles, 24 Const. Comment. 405-416 (2007).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Caveat Blogger: Blogging and the Flight from Scholarship, 84 Wash. U. L. Rev. 1145-1148 (2006).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, Clauses Not Cases, 115 Yale L.J. Pocket Part 65-69 (2006).    [W] [Gtown Law] [WWW]
  • Randy E. Barnett, Restoring the Lost Constitution, Not the Constitution in Exile, 75 Fordham L. Rev. 669-673 (2006).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, Who's Afraid of Unenumerated Rights?, 9 U. Pa. J. Const. L. 1-22 (2006).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, It's a Bird, It's a Plane, No, It's Super Precedent: A Response to Faber and Gerhardt, 90 Minn. L. Rev. 1232-1251 (2006).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, The Ninth Amendment: It Means What It Says, 85 Tex. L. Rev 1-82 (2006).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Presumption of Liberty and the Public Interest: Medical Marijuana and Fundamental Rights, 22 Wash. U. J.L. & Pol'y 29-45 (2006).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, Scalia's Infidelity: A Critique of "Faint-Hearted" Originalism, 75 U. Cin. L. Rev. 7-24 (2006).    [HEIN] [W]
  • Randy E. Barnett, Larry Garvin, Peter Linzer, Hila Keren, Joseph Perillo, David Campbell & Wayne Barnes, Theory and Anti-Theory in the Work of Allan Farnsworth, 13 Tex. Wesleyan L. Rev. 1-30 (2006).    [HEIN] [W]
  • Randy E. Barnett, Grading Justice Kennedy: A Reply to Professor Carpenter , 89 Minn. L. Rev. 1582-1590 (2005).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Trumping Precedent With Original Meaning: Not As Radical As It Sounds, 22 Const. Comment. 257-270 (2005).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Why You Should Read My Book Anyhow: A Reply to Trevor Morrison, 90 Cornell L. Rev. 873-891 (2005).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett & Cass R. Sunstein, Constitutive Commitments and Roosevelt's Second Bill of Rights: A Dialogue, 53 Drake L. Rev. 205-229 (2005).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, Foreword: What's So Wicked About Lochner?, 1 N.Y.U. J.L. & Liberty 325-333 (2005).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Limiting Raich, 9 Lewis & Clark L. Rev. 743-750 (2005).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Original Meaning of the Judicial Power, 12 Sup. Ct. Econ. Rev. 115-138 (2004).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, The Proper Scope of the Police Power, 79 Notre Dame L. Rev. 429-495 (2004).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, Was the Right to Keep and Bear Arms Conditioned on Service in an Organized Militia?, 83 Tex. L. Rev. 237-277 (2004) (reviewing H. Richard Uviller & William G. Merkel, The Militia and the Right to Arms, or, How the Second Amendment Fell Silent (2002)).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, New Evidence of the Original Meaning of the Commerce Clause, 55 Ark. L. Rev. 847-899 (2003).    [HEIN] [W] [SSRN] [Gtown Law]
  • Randy E. Barnett, Constitutional Legitimacy, 103 Colum. L. Rev. 111-148 (2003).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, Justice Kennedy's Libertarian Revolution: Lawrence v. Texas, 2002-2003 Cato Sup. Ct. Rev. 21-41.    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, The Original Meaning of the Necessary and Proper Clause, 6 U. Pa. J. Const. L. 183-221 (2003).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, Consenting to Form Contracts, 71 Fordham L. Rev. 627-645 (2002).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, Is the Rehnquist Court an "Activist" Court? The Commerce Cause Cases, 72 U. Colo. L. Rev. 1275-1290 (2002).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, Foreword: Is Reliance Still Dead?, 38 San Diego L. Rev. 1-12 (2001).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett, The Original Meaning of the Commerce Clause, 68 U. Chi. L. Rev. 101-147 (2001).    [HEIN] [W] [Gtown Law]
  • Randy E. Barnett & Douglas B. Rasmussen, The Right to Liberty in a Good Society, 69 Fordham L. Rev. 1603-1615 (2001).    [HEIN] [W] [Gtown Law] [WWW]
  • Randy E. Barnett, Symposium: The Second Amendment, 10 Seton Hall Const. L.J. 849-852 (2000).    [HEIN] [W] [Gtown Law]

Book Chapters and Collected Works

  • Randy E. Barnett, Contract Is Not Promise; Contract Is Consent, in Philosophical Foundations of Contract Law 42-57 (Gregory Klass, George Letsas & Prince Saprai eds., Oxford: Oxford University Press 2014).    [BOOK]
  • Randy E. Barnett, Foreword, in Josh Blackman, Unprecedented: The Constitutional Challenge to Obamacare ix-xvii (New York: Public Affairs 2013).    [BOOK]
  • Randy E. Barnett, Who Won the Obamacare Case?, in The Health Care Case: The Supreme Court's Decision and Its Implications 17-27 (Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison eds., New York: Oxford University Press 2013).    [BOOK]
  • Randy E. Barnett, The Commerce Clause, Entry, in 2 The Oxford International Encyclopedia of Legal History 64-68 (Stanley N. Katz et al. eds., Oxford: Oxford University Press 2009).    [BOOK]
  • Randy E. Barnett, Lysander Spooner, in The Yale Biographical Dictionary of American Law (Roger K. Newman ed., New Haven, Conn.: Yale University Press 2009).   
  • Randy E. Barnett, Should the "Intention to Create Legal Relations" be a Criterion of Enforceability?, in Philosophy of Law (Joel Feinberg & Jules Coleman eds., Belmont, Cal.: Thomson/Wadsworth 2008).    [BOOK]
  • Randy E. Barnett, The Bill of Rights and Lysander Spooner, Entries, in The Encyclopedia of Libertarianism (Ronald Hamowy ed., Thousand Oaks, Cal.: Sage Publications 2008).   
  • Randy E. Barnett, Retained Rights, Entry, in 3 The Encyclopedia of American Civil Liberties 1325-1329 (Paul Finkelman ed., New York: Routledge Books 2006).    [BOOK]
  • Randy E. Barnett, The Ninth Amendment, Entry, in The Oxford Companion to the Supreme Court of the United States 684-687 (Kermit Hall ed., Oxford: Oxford University Press rev. version 2d ed. 2005).    [BOOK]
  • Randy E. Barnett, The Moral Foundations of Modern Libertarianism, in Varieties of Conservatism in America 51-74 (Peter Berkowitz ed., Stanford, Cal.: Hoover Institute Press 2004).    [SSRN] [BOOK]
  • Randy E. Barnett, Restitution: A New Paradigm of Criminal Justice, in A Restorative Justice Reader: Texts, Sources, Context 46-56 (Gerry Johnstone ed., Cullompton, U.K.: Willan Publishing 2003).    [BOOK]

U.S. Supreme Court Briefs

  • Brief of United States Senators Cornyn, Cruz, and Lee as Amici Curiae in Support of Granting Certiorari, Sissel v. Dep't of Health and Human Servs., No. 15-543 (U.S. Nov. 25, 2015).   
  • Brief of History and Law Professors as Amici Curiae in Support of Petitioners, Courtney v. Danner, No. 13-1064 (U.S. Mar. 21, 2014).    [W]
  • Brief of Federalism Scholars as Amici Curiae in Support of Respondent Windsor, United States v. Windsor, No. 12-307 (U.S. Mar. 1, 2013).    [W]

Congressional Testimony

  • The Constitutionality of the Affordable Care Act: Hearing Before the S. Comm. on the Judiciary, 112th Cong., Feb. 2, 2011 (Statement of Randy E. Barnett) (CIS-No.: 2014-S521-32).    [WWW]
  • The Constitutionality of the Patient Protection and Affordable Care Act's Individual Insurance Mandate: Hearing Before the H. Comm. on the Judiciary, 112th Cong., Feb. 16, 2011 (Statement of Randy E. Barnett) (CIS-No.: 2011-H521-95).   

Selected Contributions to Other Publications

  • Randy E. Barnett & Josh Blackman, Restoring the Lost Confirmation, Nat'l Aff., Fall 2016, at 97-112.    [WWW]
  • Randy E. Barnett, The Imperative of Natural Rights in Today's World, 12 Good Soc'y, no. 3, 2003, at 3-6.    [SSRN]
  • Randy E. Barnett, Reds in Suits, Regulation, Fall 2002, at 64-67 (reviewing Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a Connected World (2001)).    [W]
Recent scholarship

In the News

"Judicial restraint can be disastrous," coverage by the Richmond County Daily Journal (Rockingham, N.C.), April 17, 2017, featuring Professor Randy Barnett.  For more on this story, see the Salisbury Post (N.C.), the Jefferson Post (Raleigh, N.C.), and The Courier-Times (Person Count, N.C.).

"The Conservative Pipeline to the Supreme Court," coverage in The New Yorker, April 17,2017 quoting Professor Randy Barnett.

"Advice to Conscientious Originalists: Rebrand," coverage by Dorf on Law, April 13, 2017, featuring Professors Lawrence Solum and Randy Barnett.

"Iowa lawmakers pass the state’s most expansive gun rights bill ever," coverage in The Washington Post, April 12, 2017, quoting Professor Randy Barnett.

"Larry Solum on “Originalism in Constitutional Time”," a piece by Professor Randy Barnett in The Washington Post, April 8, 2017, commenting on Professor Lawrence Solum's blog.

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All News

"Judicial restraint can be disastrous," coverage by the Richmond County Daily Journal (Rockingham, N.C.), April 17, 2017, featuring Professor Randy Barnett.  For more on this story, see the Salisbury Post (N.C.), the Jefferson Post (Raleigh, N.C.), and The Courier-Times (Person Count, N.C.).

"The Conservative Pipeline to the Supreme Court," coverage in The New Yorker, April 17,2017 quoting Professor Randy Barnett.

"Advice to Conscientious Originalists: Rebrand," coverage by Dorf on Law, April 13, 2017, featuring Professors Lawrence Solum and Randy Barnett.

"Iowa lawmakers pass the state’s most expansive gun rights bill ever," coverage in The Washington Post, April 12, 2017, quoting Professor Randy Barnett.

"Larry Solum on “Originalism in Constitutional Time”," a piece by Professor Randy Barnett in The Washington Post, April 8, 2017, commenting on Professor Lawrence Solum's blog.

"Originalism in Constitutional Time," a piece by Professor Lawrence Solum on Legal Theory Blog, April 8, 2017. A commentary by Professor Randy Barnett appeared on The Washington Post, April 8, 2017.

"Who the people?: Glenn Reynolds," coverage in the Knoxville News Sentinel, April 6, 2017, featuring Professor Randy Barnett.

"Who is 'We the People?'," coverage in the Abilene Reporter-News, April 4, 2017, featuring Professor Randy Barnett.

"Law Profs React to Trump Order Authorizing Anti-Obamacare Ads," coverage in Dorf on Law, April 1, 2017, featuring Professor Randy Barnett.

"George Will: End the filibuster's power of obstruction," coverage in The Philadelphia Inquirer, March 31, 2017, featuring Professor Randy Barnett.

The Federalist presented a Radio Hour podcast with Professor Randy Barnett, March 30, 2017.

"End the filibuster’s power of obstruction," an opinion piece in The Washington Post, March 30, 2017, quoting Professor Randy Barnett.

"The filibuster isn’t what it used to be. It’s time to bring the old way back," an opinion piece by Professor Randy Barnett in the Washington Post, March 29, 2017.  A column in the Burlington Free Press also quoted Professor Barnett.

"Sen Franken Says His Constitution Is ‘Different’ from the late Scalia’s and People Are Going After Him for It," coverage by USA Daily Data, March 23, 2017, featuring a tweet by Professor Randy Barnett.

"Week 9: Can Judges Be Impervious To Party Politics?," a segement on WNYC, March 22, 2017, featuring Professor Randy Barnett.

"Media And Legal Observers Heap Praise On Gorsuch," coverage by The Daily Caller, March 22, 2017, quoting Professor Randy Barnett.

"Tennessee Stands on 10th Amendment to Challenge Federal Refugee Policy," coverage by The New American, March 17, 2017, quoting Professor Randy Barnett.

"Trumping Judicial Review," coverage in The National Memo, March 2, 2017, referencing a paper by Professor Randy Barnett.

"Trumping Judicial Review: Will this president redefine the role of the judiciary?," coverage by The Washington Spectator, February 21, 2017, mentioning Professor Randy Barnett.

"Can Democrats ever forget treatment of Obama’s court nominee?," coverage in the Las Vegas Review-Journal, February 11, 2017, quoting Professor Randy Barnett.

"The Letter and the Spirit: The Judicial Duty of Good-Faith Constitutional Construction," an opinion piece by Professor Randy Barnett, in The Washington Post, February 10, 2017.

"What America’s ‘Separation of Powers’ Is All About," coverage by the Voice of America, quoting Randy Barnett, Carmack Waterhouse Professor of Legal Theory.

"Everything You Need To Know About Neil Gorsuch (Including Roe v. Wade)," coverage in Reason, February 2, 2017, featuring Professor Randy Barnett.

"Video of National Constitution Center conference on “The Constitution and the Administrative State,” coverage by The Washington Post, January 14, 2017, featuring Professor Randy Barnett.

"Libertarian Judicial Activism Isn't What the Courts Need," coverage in Southeast Texas Record, January 4, 2017, featuring Professor Randy Barnett.

"Bill of Rights at 225: Securing all the liberties of We the People," a piece by Professor Randy Barnett, The Philadelphia Inquirer, December 20, 2016.

"Study the Theory & Practice of Constitutional Originalism at Georgetown Law," an opinion piece by Professor Randy Barnett, in The Washington Post, December 15, 2016.

"Abandoning Defensive Crouch Conservative Constitutionalism," an opinion piece by Professor Randy Barnett, in The Washington Post, December 12, 2016.

"Republican success opens door to amending U.S. Constitution," coverage in the Chicago Tribune, December 5, 2016, quoting Professor Randy Barnett.

"Ted Cruz Congratulates The Real Victor Of The Presidential Election," coverage in the Western Journalism, November 18, 2016, quoting Professor Randy Barnett.

"The Ideal Trump Supreme Court Pick: An Originalist Who Isn't A Fan Of Stare Decisis," coverage in Forbes, November 18, 2016, referencing Professor Randy Barnett's article in The Wall Street Journal.

"Conservatives let themselves dream big about Scalia's replacement," coverage by CNN, November 18, 2016, quoting Professor Randy Barnett.

"Conservatives let themselves dream big about Scalia's replacement," coverage by CNN Politics, November 18, 2016, quoting Professor Randy Barnett.

"Meet the Justice Who Could Bring Liberty Back to the SCOTUS," coverage by The Libertarian Republic, November 17, 2016, mentioning Professor Randy Barnett.

"Bills Filed in Texas are First Step to Block Federal Gun Control; Past, Present, or Future," coverage by The Tenth Amendment Center, Nov. 14, 2016, quoting Professor Randy Barnett.

"All Eyes on Trump SCOTUS List, Twitter Star Willett," coverage by Bloomberg Big Law Business, Nov. 14, 2016, quoting Professor Randy Barnett.

"Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It?," coverage by Reason.com, November 9, 2016, quoting Professor Randy Barnett.

"Trump presidency ends liberals' dream of Supreme Court shift," coverage in the San Francisco Gate, November 9, 2016, quoting Professor Randy Barnett.

"Gary Johnson’s Supreme Court Picks Are Actually Alright For Conservatives," coverage in the Daily Caller, November 2, 2016, featuring Professor Randy Barnett.

"3 Cheers for Gary Johnson’s Supreme Court Short List," coverage in Reason, November 2, 2016, featuring Professor Randy Barnett.

"Kozinski makes Libertarian Gary Johnson's expanded list of potential SCOTUS nominees," coverage in the ABA Journal, November 2, 2016, featuring Professor Randy Barnett.

"The Right Is Giving Up on Democracy," coverage in the New Republic, October 24, 2016, featuring Professor Randy Barnett.

"After 25 years, Clarence Thomas still dissents," coverage by USA Today, October 20, 2016, quoting Professor Randy  Barnett.

"The Article Five Convention: Proven to Work," coverage in The Blaze, September 28, 2016, quoting Professor Randy Barnett.

"What Would an Article V Convention of States Actually Be Like?," coverage in CNS News, September 27, 2016, mentioning Professor Randy Barnett.

"Election could determine transgender case at Supreme Court," coverage in the Rutland Herald, August 5, 2016, featuring Professor Randy Barnett. For more on this story, see The Boston Globe.

"The election could determine the Supreme Court’s transgender bathroom case," coverage by PBS News Hour, Aug. 4, 2016, quoting Professor Randy Barnett.

"Not Your Founders’ Constitution," a book review in The American Conservative, July 21, 2016, of Professor Randy Barnett's book Our Republican Constitution.

"The Single Most Radical Line In The Republican Party Platform," coverage by ThinkProgess, July 19, 2016, mentioning Professor Randy Barnett.

"Texas professors gain small 'gun-free' accommodation," coverage in AMI Newswire, July 13, 2016, featuring Professor Randy Barnett.

"Article I, Section 8: Federalism and the overall scope of federal power," a piece co-authored by Professor Randy E. Barnett, Constitution Daily, July 6, 2016.

"What the Declaration of Independence Really Claimed," an opinion piece by Professor Randy Barnett, The Washington Post, July 4, 2016.

"Trump’s Errors Stymie Efforts to Use Supreme Court to Rally Conservatives," coverage in Bloomberg Politics, July 1, 2016, featuring Professor Randy Barnett.

"SCOTUS Nominees, Abortion Rulings, and The Republican Constitution," coverage in The Federalist, June 29, 2016, featuring Professor Randy Barnett.

"North Carolina House Guts Bill to Nullify EPA Rules on Wood Burning Stoves," coverage by Tenth Amendment Center, June 27, 2016, quoting Professor Randy Barnett.

"Rights First, Government Second," coverage in the City Journal, June 23, 2016, a review of Professor Randy Barnett's book Our Republican Constitution.

"Should courts defer to regulators? Dallas-area rep’s bill would shift landscape on health, safety rules," coverage in The Dallas Morning News, June 23, 2016, quoting Professor Randy Barnett.

"Me the People," a book review in Commentary Magazine, June 16, 2016, of Professor Randy Barnett's book Our Republican Constitution.

"No, White House lawyers would not prevent a President Trump from overstepping his constitutional bounds,"coverage in The Washington Post, June 14, 2016, featuring Professor Randy Barnett.

Donald Trump Could Threaten U.S. Rule of Law, Scholars Say,” coverage in The New York Times, June 3, 2016, quoting Professor Randy E. Barnett.

"The “Judicial Holy Grail”: Why the Supreme Court Should Not Revisit the Privileges or Immunities Clause," coverage by The Heritage Foundation, May 31, 2016, citing Professor Randy E. Barnett.

The Individualist Constitution,” coverage in Reason.com, May 23, 2016, featuring an interview with Professor Randy Barnett.

"Dawn Bennett, Host of Financial Myth Busting, Interviews Randy Barnett, Law Professor and Author," coverage in Digital Journal, May 20, 2016, featuring Professor Randy Barnett.

"New York Times Pundit Can't Understand Why Libertarians Would Criticize Chief Justice Roberts," coverage in Reason, May 13, 2016, featuring Professor Randy Barnett.

"This is the Dumbest Donald Trump Theory Yet: It's All About John Roberts," coverage in Alternet, May 13, 2016, featuring Professor Randy Barnett.

Marijuana and the Constitution,” a National Constitution Center podcast with Professor Randy Barnett, May 12, 2016.

What Does 'We the People' Really Mean? A Constitutional Scholar Explains,” coverage in The Daily Signal, May 12, 2016, quoting Professor Randy Barnett.

Do We Need Less Democracy?,” a review in The Wall Street Journal, May 8, 2015, of Professor Randy Barnett’s new book Our Republican Constitution.

Chief Justice Roberts was principled but wrong in his Obamacare decision,” an opinion piece by Professor Randy Barnett, in The Washington Post, May 6, 2016. A reply to his piece was published on May 9, 2016.

"Our Republican Constitution: Securing the Liberty of ''We the People,''" coverage by The Heritage Foundation, May 5, 2016, featuring Professor Randy Barnett.

"Ain’t No Party Like a Third Party. ’Cos a Third Party Don’t Win," coverage by Daily Beast, May 5, 2016, quoting Professor Randy Barnett.

"Randy Barnett, “Our Republican Constitution,”" coverage by Overlawyered, May 4, 2016, featuring Professor Randy Barnett.

"Why Indiana matters," an opinion piece by Professor Randy Barnett in USA Today, May 2, 2016.

‘Judicial restraint’ is killing constitutional rights on college campuses,” coverage by The College Fix, April 28, 2016, quoting Professor Randy Barnett at a Cato Institute event for his new book Our Republican Constitution.

Randy Barnett: Democrats and Republicans Have ‘Contrasting Views of the Constitution’,” coverage by Breitbart News, April 20, 2016, interviewing Professor Randy Barnett for his new book Our Republican Constitution.

A Republican Constitution - If You Can Keep it,” a book review in The Weekly Standard, April 19, 2016, of "Our Republican Constitution" authored by Professor Randy Barnett.

Why Popular Sovereignty requires the due process of law to challenge “irrational or arbitrary” statutes,” a piece by Professor Randy Barnett, in The Washington Post, April 15, 2016.

"Public wants action on Supreme Court nominee, poll shows," coverage in The Daily Chappaqua, April 15, 2016, featuring Professor Randy Barnett.

"Celebrating 56 Years on the Bench and Bar," coverage in the Stanford Review, April 14, 2016, mentioning Professor Randy Barnett.

"VIDEO: Georgetown Law’s Randy Barnett On Merrick Garland’s Supreme Court Nomination," coverage in The Hayride, April 13, 2016, featuring Professor Randy Barnett.

"Why Merrick Garland Should NOT Be on the Supreme Court," coverage in Reason, April 12, 2016, featuring Professor Randy Barnett.

"Sure Merrick Garland is Qualified But That's Not Enough," coverage in Reason, April 10, 2016, featuring Professor Randy Barnett.

"Even talk of censorship backfires," coverage in The Californian, April 9, 0216, featuring Professor Randy Barnett.

"Randy Barnett: How To Secure Our Liberty Through "Our Republican Constitution," coverage by Reason TV, April 7, 2016, interview with Professor Randy E. Barnett.

"Glenn Reynolds: Talk of censorship backfires for Erdogan, Obama and anti-Trumpers," coverage by USA Today, April 3, 2016, quoting Professor Randy Barnett.

Learning from 1896: Why an Anti-Trump Third Party Will Flop,” coverage in Reason.com, March 28, 2016, mentioning Professor Randy Barnett.

Conservative media dreams of Cruz-Rubio ‘unity ticket,’ even if the candidates don’t,” coverage in The Washington Post, March 11, 2016, quoting Professor Randy Barnett.

Defending Our republican Constitution,” a book review in Accuracy in Academia, March 2, 2016, of Professor Randy Barnett’s Our Republican Constitution (2016).

"As Trump rises, consider a 3rd party," an opinion piece by Professor Randy Barnett, in USA Today, February 29, 2016.

Justice Alito Discusses Career, Vacant Court Seat,” coverage by The Hoya, February 26, 2016, featuring Justice Samuel A. Alito Jr. at the Third Annual Dean’s Lecture, quoting Dean William Treanor, Professor Randy Barnett and Bridget Stubblefield (L'17).

"Primary Concerns Episode 2: Hillarybots vs. Berniebros, and Remembering Scalia," coverage in The New Republic, February 19, 2016, featuring Professor Randy Barnett.

"Antonin Scalia’s candor, humor recalled ahead of Supreme Court justice’s funeral," coverage in The Washington Times, February 18, 2016, featuring Professor Randy Barnett.

"The passing of a Judicial Titan," an opinion piece by Professor Randy Barnett, in The Washington Post, February 17, 2016.

"Death of a Justice: A Roundup of Scalia Coverage," coverage in The Wall Street Journal, February 17, 2016, mentioning Professor Randy Barnett.

"Scalia restored right to bear arms: Randy Barnett," an opinion piece by Professor Randy Barnett, in USA Today, February 17, 2016.

"In Praise Of Scalia," coverage in Think Progress, February 14, 2016, mentioning Professor Randy Barnett.

Rubio Voted 'Most Electable' in Iowa, But Is It Enough to Get Elected?,” coverage in TheStreet.com, February 2, 2016, quoting Professor Randy Barnett.

"Study originalism intensively at Georgetown Law this summer," an opinion piece by Professor Randy Barnett, in The Washington Post, January 28, 2016, featuring Professors Laura Donohue and Lawrence Solum.

"Sullum: Trump's right about Cruz's presidential eligibility," coverage in The Ledger, January 26, 2016, mentioning Professor Randy Barnett and others.

"President or king? Translated, that’s what the Supreme Court is asking about Obama," coverage in The Washington Post, January 25, 2015, featuring Professor Randy Barnett.

"Trump Is Right About Cruz's Presidential Eligibility," Reason, January 20, 2016, mentioning Professor Randy Barnett

"Missouri Bill Would Nullify in Practice Federal Gun Control; Past, Present, or Future," coverage by Tenth Amendment Center, January 13, 2016, quoting Professor Randy Barnett.

"Makers of smart guns waiting to see if Obama will walk the talk," coverage by CNET, January 12, 2016, quoting Professor Randy Barnett.

"GOP Leaders Mostly Quiet on Abbott Plan to Amend Constitution," coverage in The Texas Tribune, January 12, 2016, quoting Professor Randy Barnett.

"Podcast: The legacy of the 13th Amendment," coverage by Constitution Daily's podcast, December 10, 2015, featuring Professor Randy Barnett.

"Removing Woodrow Wilson's name from Princeton? I'll drink to that," coverage by The Start Ledger (Newark, NJ), November 29, 2015, quoting Professor Randy Barnett.

WILL: A supreme question for candidates,” coverage by Rapid City Journal, November 1, 2015, quoting Professor Randy Barnett, Carmack Waterhouse Professor of Legal Theory.

"The Constitution’s Lost Clauses," Daily Signal, October 29, 2015, featuring Professor Randy Barnett

"Rand Tries Not to Lose His Third Debate in a Row," Daily Beast, October 27, 2015, quoting Professor Randy Barnett

"Lockeans vs. Hobbesians," coverage in Philly.com, October 23, 2015, featuring Professor Randy Barnett.

"The Supreme question for candidates," coverage in The Pittsburgh Tribune-Review, October 21, 2015, featuring Professor Randy Barnett.

"Candidates should choose their judicial muse," coverage in Palladium-Item, October 21, 2015, featuring Professor Randy Barnett.

"Doug Kendall, Liberal Who Challenged Supreme Court’s Conservatives, Dies at 51," coverage in The New York Times, Spetember 29, 2015, featuring Professor Randy Barnett. Further coverage is in The Legal Times.

"The Rehabilitationists," a piece in The New Republic, August 30, 2015, featuring Professor Randy Barnett.  

"Who Would You Like To See As The Next Supreme Court Justice?," Forbes, August 5, 2015, quoting Professor Randy Barnett.

"Ted Cruz: States not singled out by Supreme Court not bound by gay marriage ruling," Politifact, July 31, 2015, quoting Professor Randy Barnett.

"Judges Must Protect Individual Liberty from Legislative Abuse," an opinion piece by Professor Randy Barnett, in The Washington Times, July 30, 2015.

"Op-Ed: A Foolhardy Proposal: Electing Our Justices," coverage in The National Law Journal, July 27, 2015, featuring Professor Randy Barnett.

Justices Roberts, Kennedy fall from GOP favor after recent Supreme Court decisions,” coverage by the Washington Times, July 19, 2015, quoting Professor Randy Barnett.

Cruz once clerked for a chief justice, but he’s no longer a friend of the court,” coverage by the Washington Post, July 6, 2015, quoting Professor Randy Barnett.

"What's in a name? Too much, teacher says," coverage in The Portland Tribune, July 2, 2015, featuring Professor Randy Barnett.

"Hey, Liberals: SCOTUS Ain’t Your Friend," coverage in The Daily Beast, June 30, 2015, featuring Professor Randy Barnett.

"The Definition of Insanity: Jeb Bush Still Favors Appointing Judges 'with a Proven Record of Judicial Restraint'," a post by Professor Randy Barnett in the Volokh Conspiracy on washingtonpost.com, June 27, 2015. 

"Republicans, get over the outrage," Washington Post, June 26, 2015, featuring Professor Randy Barnett.

"Expunging Woodrow Wilson from Official Places of Honor," a post by Professor Randy Barnett in the Volokh Conspiracy on washingtonpost.com, June 25, 2015.  

Democrats cast Supreme Court’s subsidies ruling as final Obamacare showdown,” coverage by Washington Times, June 14, 2015, quoting Professor Randy Barnett.

The 588-year path to limited government,” an opinion piece in the Washington Post, June 12, 2015, featuring Professor Randy Barnett.

In defense of judicial equality,” a post by Professor Randy Barnett in the Volokh Conspiracy on washingtonpost.com, June 3, 2014.

"Two North Carolina Bills Take Big Steps to Nullify in Practice all Federal Gun Control," coverage in The Tenth Amendment Center, April 16, 2015, featuring Professor Randy Barnett.

"Signed by the Governor: New Arizona Law Blocks Crucial Obamacare Enforcement Mechanism," coverage in The Tenth Amendment Center, April 14, 2015, featuring Professor Randy Barnett.

"To the Governor’s Desk: Tennessee Legislature Passes Bill Taking First Step to Block Federal Gun Control," coverage in The Tenth Amendment Center, April 13, 2015, featuring Professor Randy Barnett.

"Colorado, Washington square off with Oklahoma, Nebraska over pot law," Los Angeles Times, March 27, 2015, quoting Professor Randy Barnett.

"Washington Atty. Gen Ferguson tells high court: Nebraska, Oklahoma shouldn’t pick on Colorado pot law," Seattle Post-Intelligencer, March 27, 2015, quoting Professor Randy Barnett.

"Missouri Bill Would Effectively Nullify All Federal Gun Control in Practice," coverage in The Tenth Amendment Center, March 20, 2015, featuring Professor Randy Barnett.

The Republican state AGs continue to be Obama’s most ­formidable opponents,” coverage in The Weekly Standard, March 9, 2015, quoting Professor Randy E. Barnett.

Colorado 'pot' law launches border war,” coverage in Northwest Arkansas Democrat Gazette, March 8, 2015, quoting Professor Randy E. Barnett.

"The Libertarians Who Got SCOTUS and Congress to Consider the Unthinkable," coverage by Bloomberg, March 4, 2015, quoting Professor Randy Barnett.

"Nation's libertarian roots," coverage in The Philadelphia Inquirer, February 15, 2015, featuring Professor Randy Barnett.

Nebraska, Oklahoma in border war with Colorado over marijuana,” coverage inThe Los Angeles Times, February 7, 2015, quoting Professor Randy Barnett.

"Alaska Bill Would Ban Material Support or Resources to NSA," coverage in the Tenth Amendment Center, January 21, 2015, quoting Professor Randy Barnett.

"Don’t Think the Feds Will Rein In the NSA? Maybe the States Can Help," coverage in The National Journal, January 9, 2015, quoting Professor Randy Barnett.

"Even the Supreme Court's Super-Elastic Commerce Clause Cannot Force States to Ban Marijuana," coverage in Reason, and "Oklahoma Lawmakers Seek to Stop Pot Lawsuit Against Colorado," coverage in The New American, January 2, 2015, quoting Professor Randy Barnett. 

"Federalist Rolling Papers," coverage in Slate, December 30, 2014, featuring Professor Randy Barnett.

"The Right Prescription Obamacare's Coming Year of Living Dangerously," coverage in The American Spectator, December 29, 2014, featuring Professor Randy Barnett.

"Pot Reformers Critique Lawsuit by Nebraska, Oklahoma," coverage in U.S. News & World Report, December 19, 2014, featuring Professor Randy Barnett.

"Missouri vs NSA: New Bill Would Ban “Material Support or Resources”," coverage in the Tenth Amendment Center, December 18, 2014, featuring Professor Randy Barnett.

"Donald Trump on a Possible Jeb Bush 2016 Presidential Run: 'I Think It's a Big Mistake'," coverage in Breitbart News, December 16, 2014, featuring Professor Randy Barnett.

"Randy Barnett: How to finally kill Obamacare,"  an opinion piece by Professor Randy Barnett in USA Today, December 5, 2014.

"If the Grand Jurors Had Indicted Darren Wilson, Would Prosecutors Have Been Obligated to Ignore Them?," coverage in Reason, November 28, 2014, featuring Professor Randy Barnett.

"New Texas Bill Would Ban Enforcement of Federal Gun Control," coverage by Tenth Amendment Center, November 13, 2014, features a quote by Professor Randy Barnett.

"Conservatives quiet on court's gay-marriage inaction," USA Today, October 13, 2014, quoting Professor Randy Barnett.

"Rand Paul Says Criminal Justice Reform Can Expand the GOP's Appeal," coverage in Reason, September 3, 2014, featuring Professor Randy Barnett.

"The Latest Case Of An Interest Group Using Regulation To Stifle Competition: Teeth Whitening," coverage in Forbes, August 13, 2014, featuring Professor Randy Barnett.

"Democrat-Appointed Judges Vote For Obamacare 90 Percent Of the Time," coverage in The Washington Times, August 10, 2014, features Georgetown Law Professor Randy Barnett.

"Obamacare mired by lawsuits challenging fundamentals," coverage in The Washington Times, June 25, 2014, featuring Professor Randy Barnett.

"Bradley Prize ceremony live simulcast tonight," coverage in The Washington Post, June 18, 2014, featuring Professor Randy Barnett.

"Bradley Prize for Randy Barnett," coverage in Bench Memos (National Review Online), May 6, 2014, featuring Professor Randy Barnett.

"Iraq Vet Continues Battle Against Obamacare," coverage in The American Spectator, May 5, 2014, featuring Professor Randy Barnett.

"Iraq Vet Continues Battle Against Obamacare," coverage in The American Spectator, May 5, 2014, mentioning Professor Randy Barnett.

"Obamacare's Unconstitutional Origin in Senate," coverage in Newsmax, April 29, 2014, featuring Professor Randy Barnett.

"Ferry Dispute Reaches Back to Reconstruction Era," The National Law Journal, April 23, 2014, coverage of an amicus brief joined by Professor Randy Barnett.

"Democratic Legislators and Groups Criticize Supreme Court," coverage in the Epoch Times, featuring Professor Randy Barnett, April 9, 2014.

"Obamacare Heads Back to the Supreme Court,"  coverage in USA Today, featuring Visiting Professor Pamela Harris, and Professors Martin Lederman and Randy Barnett, March 20, 2014.

"Silence Inc.," coverage in Slate Magazine, February 4, 2014, featuring Professor Randy Barnett,

"Supreme Court Case Exposes Union Greed, But Will the Justices Turn a Blind Eye?" Forbes, January 24, 2014, mentioning Professor Randy Barnett.

"Knowledge Is Power: How the NSA Bulk Data Seizure Program is Like Gun Registration," blog entry posted on The Washington Post, January 21, 2014, written by Professor Randy Barnett.

"For Supreme Court, it's not the law, it's the power of five," an opinion piece in the Los Angeles Times, January 19, 2014, featuring Professor Randy Barnett.

 Book TV at Georgetown University Law Center: Randy Barnett, "Restoring the Lost Consitution: The Presumption of Liberty," January 12, 2014, an interview with Professor Randy Barnett on C-SPAN 2.

"Don’t Think the Feds Will Rein In the NSA? Maybe the States Can Help," National Journal, January 9, 2014, featuring Professor Randy Barnett

"Judge's Strike at U.S. Surveillance Won't Be Last Word," USA Today, December 17, 2013, quotes Professor Randy Barnett.

"Judge's Strike at U.S. Surveillance Won't Be Last Word," USA Today, December 17, 2013, quotes Professor Randy Barnett.

"Our Broken Constitution," a piece in The New Yorker, December 9, 2013, featuring Professor Randy Barnett.

"Lawsuits Challenging Obamacare Cite Religion, Tax Issues," Insurance Journal, December 5, 2013, mentioning Professor Randy Barnett.

"The Courts Still Can Pull the Plug on Obamacare: Guest Commentary," coverage in the Los Angeles Daily News, November 29, 2013, quotes Professor Randy Barnett. 

"Long-Shot Legal Challenges to Health Care Law Abound," coverage in USA Today, November 29, 2013, quotes Professor Randy Barnett.

"Book Review: 'Terms of Engagement,' by Clark M. Neily III," a book review by Professor Randy Barnett in the Wall Street Journal, November 19, 2013.

"SCOTUSblog on camera," a six part video series featuring Professor Randy E. Barnett, SCOTUSblog, November 19, 2013.

"Constitutional Law Scholars Preview Supreme Court Term," C-SPAN, September 16, 2013, featuring Visiting Professor Pamela Harris and Professor Randy Barnett.

"The NSA's Surveillance Is Unconstitutional," an opinion piece by Professor Randy Barnett in the Wall Street Journal, July 11, 2013.

"Does Obama Have the Power to Delay His Mandate?," featuring Professor Randy Barnett in Bloomberg, July 3, 2013.

"State Laws Varied on Gun, Abortion Laws," coverage by the Associated Press, June 9, 2013, featuring Professor Randy Barnett.

Professor Randy Barnett will appear in the first episode of a four-part PBS documentary, "Constitution USA with Peter Sagal," May 7, 2013.

"In Losing on Obamacare, Barnett Says, Conservatives Won," a post in Forbes, February 21, 2013, featuring Professor Randy Barnett.

"Controlling Gun Violence: Obstacles to an Effective Policy," coverage on ABC News, December 19, 2012, featuring Professor Randy Barnett

"After Connecticut School Shootings, Never-Ending Gun Debate Spins," coverage in the Daily Beast, December 15, 2012, featuring Professor Randy Barnett.

"Obama's Health Care Law Still Facing Court Challenges," coverage in USA Today, December 14, 2012, featuring Professor Randy Barnett.

"Gays May Diverge from Blacks as Top Court Reshapes Civil Rights," coverage by Bloomberg, December 13, 2012, featuring Professor Randy Barnett.

"Time's Short, but Obamacare Foes Press on in Court," coverage in Politico, November 26, 2012, featuring Professor Randy Barnett.

"State Could Be Test Case in Marijuana Legalization," coverage in the Seattle Times, September 22, 2012, featuring Professor Randy Barnett.

"The Mirage of Progressive Originalism," a review of America's Unwritten Constitution in the Wall Street Journal by Professor Randy Barnett, September 7, 2012.

"Tipping the Scales," a story in the National Journal about Chief Justice John Roberts, July 26, 2012, featuring Professor Randy Barnett

"The Supreme Court's Obamacare Legacy," a Q&A with Professor Randy Barnett in the Washington Post, July 13, 2012.

"Amend the Commerce Clause," a contribution by Professor Randy Barnett to the New York Times Room for Debate discussion, "Another Stab at the Constitution," July 8, 2012.

"Now It's Conservatives Who Suspect a 'Political' Supreme Court," coverage in the Washington Post, July 2, 2012, featuring Professor Randy Barnett.

"For Attorneys General, Long Shot Brings Payoffs," coverage in the New York Times, June 30, 2012, featuring Professor Randy Barnett.

Professor Randy Barnett made numerous media appearances to discuss the Supreme Court's health care ruling, including the CBS Evening News (June 28, 2012) and the Washington Post's WONKBLOG (June 29, 2012).

"We Lost on Health Care. But the Constitution Won.", an opinion piece by Professor Randy Barnett in the Washington Post, June 29, 2012.

Professor Neal Katyal and Professor Randy Barnett discussed the Supreme Court's health care ruling on CNN, June 28, 2012.

"SCOTUS: Making Sense of the Mayhem," a post on Healthwatch (The Hill's Healthcare Blog), June 27, 2012, featuring Professor Randy Barnett.

"Federal Power at Issue in Key Cases," coverage in the Wall Street Journal, June 25, 2012, featuring Professor Randy Barnett.

Professor Randy Barnett, Professor Neal Katyal and White House Counsel Kathryn Ruemmler, L'96, and their roles in the health care debate are mentioned in the New York Times story, "Supporters Slow to Grasp Health Law's Legal Risks," June 23, 2012.

Professor Randy Barnett was interviewed for the POLITICO video series, "SCOTUS & Health Care: The Final Countdown," June 22, 2012.

"Health Care Decision Hinges on a Crucial Clause," coverage on NPR's "Morning Edition," June 11, 2012, featuring Professor Randy Barnett.

"Supreme Court to Rule Soon on Health Care, Immigration; What Happens Next?," coverage by CBS News, June 11, 2012, featuring Professor Randy Barnett and Professor Susan Low Bloch.

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