Randy Barnett on abolitionist constitutionalism
Author: Timothy Sandefur
Prof. Randy Barnett has posted a revised version of his paper, "Whence Comes Section One?" on the net, along with some videos of him presenting the paper. This is really an outstanding piece of work. The real doctrines of the authors of the Fourteenth Amendment are (amazingly, if you think about it) a long-overlooked aspect of American constitutional law. I scratched the surface of this issue in my brief in McDonald v. Chicago and my article, "Privileges, Immunities, And Substantive Due Process," and it's exciting to see Prof. Barnett and others paying attention to the classical liberal ideas that underpin the Constitution's most important amendment.