Abstract

In his review of my book, Restoring the Lost Constitution: The Presumption of Liberty, Tevor 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.

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Randy E. Barnett Contact Information

rbarnett@gmail.com
Carmack Waterhouse Professor of Legal Theory

Georgetown University Law Center
600 New Jersey Ave. NW
Washington, DC 20001


Presentation and Publication Information:

90 Cornell L. Review 873 (in reply to 90 Cornell L. Review 839)

SSRN Location:

http://www.ssrn.com/abstract=695844

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