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Filed under: General — Patterico @ 12:31 am


I promised you a review of Randy Barnett’s new book, “Our Republican Constitution” — just not yesterday, when it would be overshadowed by the election. As I said yesterday, I somehow managed to score an advance copy, and it has definitely whetted my appetite for more. Order it through this link.


Barnett’s main thesis is that there are two competing views of the Constitution: the Republican Constitution and the Democratic Constitution. One vision, the Democratic Constitution, places primacy in government (rule by the majority), while the other, the Republican Constitution, emphasizes natural rights (rights first, government second). Barnett contends that the former version, the Democratic Constitution, is dangerous and has led to atrocities like the decision upholding ObamaCare. Specifically, when Justice Roberts gave primacy to the notion that ObamaCare should stand because it was a law passed by a majority of the People’s representatives, he abandoned his duty to scrutinize the law for constitutional defects, and thus favored the Democratic Constitution over the Republican Constitution.


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