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The Fiction of “We the People”: Is the Constitution Binding on Us?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish ... More


Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held ... More


Fidelity to Our Living Constitution: Honoring the Achievements of We the People

James E. Fleming

in Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199793372
eISBN:
9780199364411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793372.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explores the arguments of Bruce Ackerman, who decries the Roberts Court’s “shattering judicial betrayal” of our living constitution’s Civil Rights Revolution. He argues for a broader ... More


Concluding Thoughts

Eric M. Freedman

in Making Habeas Work: A Legal History

Published in print:
2018
Published Online:
January 2019
ISBN:
9781479870974
eISBN:
9781479802470
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479870974.003.0017
Subject:
Law, Constitutional and Administrative Law

The immediate reaction to the decision in Boumediene v. Bush in favor of the prisoners at Guantanamo Bay was stonewalling. The Executive Branch acted as though the ruling was never made. Congress ... More


Ethnic Heritage in Mississippi: The Twentieth Century

Shana Walton and Barbara Carpenter (eds)

Published in print:
2012
Published Online:
March 2014
ISBN:
9781617032622
eISBN:
9781617032639
Item type:
book
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781617032622.001.0001
Subject:
History, Cultural History

Throughout its history, Mississippi has seen a small, steady stream of immigrants, and those identities—sometimes submerged, sometimes hidden—have helped shape the state in important ways. Amid ... More


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