[Texas Federalist]

I took Randy Barnett's Constitutional Law course at Boston University School of Law a few years back. I can safely say that no one experience in my life has had a greater effect on my political philosophy.

[Tax-chick]

Wow, that's an endorsement! Bump for later.

[tpaine]

Barnett does seem to have his head on straight, doesn't he?

[mrsmith]

I suppose a Libertarian living constitutionalist would be a more amusing professor than a Liberal living constitutionalist.

James Madison: ''It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure.
This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution [Ninth Amendment].''

But Randy concludes that the Ninth means that rights should be "assigned into the hands of the General Government"'s courts!

He is amusing.

Though no court has ever had the temerity to do it yet, I suppose the living constitutionalists will one day win their ultimate victory and gain control of our unenumerated rights in the federal courts.