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Freedom and the Burden of Proof: Randy E. Barnett’s New Book on the Constitution
By Timothy Sandefur
This article appeared in the Summer 2005 issue of The Independent Review


Abstract

In Restoring the Lost Constitution, Boston University law professor Randy Barnett argues that the legitimacy of the nation’s founding document rests not on the consent of the governed, but on its consistency with natural rights. Properly understood, the Constitution implies a “presumption of liberty” that requires the legislature to prove the necessity and propriety of any limit on a person’s freedom.



Other Independent Review articles by Timothy Sandefur
    Fall 2010   Reply to Gus diZerega
    Summer 2009   Some Problems with Spontaneous Order
    Summer 2002   The Common Law Right to Earn a Living



Volume 10 Number 1
Summer 2005

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