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