Freedom and the Burden of Proof
Randy E. Barnetts New Book on the Constitution
By Timothy M. Sandefur
In Restoring the Lost Constitution, Boston University law professor Randy Barnett argues that the legitimacy of the nations 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 persons freedom.
|Other Independent Review articles by Timothy M. Sandefur|
|Fall 2010||Reply to Gus diZerega|
|Summer 2009||Some Problems with Spontaneous Order|
|Summer 2002||The Common Law Right to Earn a Living|