Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

Restoring the Lost Constitution: The Presumption of Liberty (eBook)


ISBN13: 9781400848133
Published: November 2013
Publisher: Princeton University Press
Country of Publication: USA
Format: eBook (ePub)
Price: £22.00
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court.

In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Subjects:
Other Jurisdictions , eBooks, USA
Contents:
Preface
INTRODUCTION: Why Care What the Constitution Says?
Part I. Constitutional Legitimacy
CHAPTER ONE The Fiction of "We the People": Is the Constitution Binding on Us?
CHAPTER TWO Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People
CHAPTER THREE Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities
Part II. Constitutional Method
CHAPTER FOUR Constitutional Interpretation: An Originalism for Nonoriginalists
CHAPTER FIVE Constitutional Construction: Supplementing Original Meaning
CHAPTER SIX Judicial Review: The Meaning of the Judicial Power
Part III. Constitutional Limits
CHAPTER SEVEN Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause
CHAPTER EIGHT Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause
CHAPTER NINE The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong
CHAPTER TEN The Presumption of Liberty: Protecting Rights without Listing Them
PART IV. Constitutional Powers
CHAPTER ELEVEN The Proper Scope of Federal Power: The Meaning of the Commerce Clause
CHAPTER TWELVE The Proper Scope of State Power: Construing the "Police Power"
CHAPTER THIRTEEN Showing Necessity: Judicial Doctrines and Application to Cases
CONCLUSION: Restoring the Lost Constitution
AFTERWORD

Index of Cases
Index of Names
General Index