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 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.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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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 rights of American citizens from both the federal and state governments.

Professor 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.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Subscribe to the series’ playlist:
https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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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.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Why does the Constitution have a Bill of Rights? What purpose do they serve?

Professor Randy Barnett discusses how the Anti-federalists insisted on a Bill of Rights, which the Federalists agreed to in return for ratification of the Constitution. The Bill of Rights are a protection for the citizens if the structure of the Constitution itself fails to protect their rights adequately.

Professor 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.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Subscribe to the series’ playlist:
https://www.youtube.com/watch?v=qGGClVWs9fs&list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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Where does Congress get the power to regulate activities like a farmer's wheat yield? While the United States Constitution delegates to Congress the power to regulate interstate commerce, the application of the Commerce Clause has become increasingly broad.

Professor Randy Barnett of Georgetown Law explains the Supreme Court’s reasoning in Wickard v. Filburn, which established what is known as the aggregation principle.

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

Learn more about Randy Barnett: https://www.law.georgetown.edu/faculty/randy-e-barnett/

Follow Randy Barnett on Twitter: @RandyEBarnett

https://twitter.com/RandyEBarnett

Differing Views:

At Heart of Health Law Clash, a 1942 Case of a Farmer’s Wheat
https://www.nytimes.com/2012/03/20/us/politics/at-center-of-health-care-fight-roscoe-filburns-1942-commerce-case.html

Scalia Changes His Tune on Wickard and the Commerce Clause. Will It Matter for ObamaCare?
http://reason.com/blog/2012/06/20/scalia-changes-his-tune-on-wickard-and-t

Wickard v. Filburn (1942): The Institute for Justice
http://ij.org/center-for-judicial-engagement/programs/victims-of-abdication/wickard-v-filburn-1942/

Wickard v. Filburn in the US Constipedia
http://sites.gsu.edu/us-constipedia/wickard-v-filburn-1942/

Is Anything Not Interstate Commerce?
https://reason.com/archives/2005/09/09/is-anything-not-interstate-com

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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 addresses the slavery question, leading to what was known as the “freedom national, slavery local” position. Congress could discourage or abolish slavery in territories and other federal jurisdictions but each state was free to decide the local slavery issue. The Reconstruction Amendments, passed after the Civil War, changed the Constitution to mandate both freedom national and freedom local.

Professor 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.

* * * * *

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Subscribe to the series’ playlist: https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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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 justices concluded that this was an improper use of authority, but Chief Justice Roberts decided that the mandate could be changed into a non-mandatory, non-coercive tax.

Professor 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.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Subscribe to the series’ playlist:
https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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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 Clause in Article 4 of the Constitution. Professor Barnett outlines the arguments in the case and explains how Justice Story used an extremely broad interpretation of the Necessary and Proper Clause to justify Congress’ action.

Professor 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.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Subscribe to the series’ playlist:
https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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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 federal government expand exponentially.

Professor 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.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Subscribe to the series’ playlist:
https://www.youtube.com/playlist?list=PLWwcngsYgoUVuiVj2TkrPolK5t6jD4PKa

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