The historical-practice standard established by last year's landmark gun-rights case is proving to be manipulable in the lower courts.
Randy E. Barnett
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Randy E. Barnett.
Jan 7, 2022
Randy E. Barnett and Evan D. Bernick respond to their critics.
Sep 16, 2020
Without an imperative to bring precedents into alignment with original meaning, stare decisis becomes the “exception” that swallows the Constitution.
Randy Barnett is the Patrick Hotung Professor of Constitutional Law at the Georgetown Law Center. He is the faculty director of the Georgetown Center for the Constitution. His most recent book is The Original Meaning of the 14th Amendment: Its Letter and Spirit (2021).