Randy Barnett - Constitutional Theory

Constitutional Theory

Barnett has also done work on the theory of the United States Constitution, culminating in his book Restoring the Lost Constitution. He argues for an originalist theory of constitutional interpretation, and for constitutional construction based on a presumption of liberty (not popular sovereignty).

Barnett was also a lead lawyer for the plaintiffs in Ashcroft v. Raich/Gonzales v. Raich, which won a victory before the Ninth Circuit, ruling that federal action against legal marijuana patients violated the Commerce Clause. Barnett's side, however, lost when the Supreme Court ruled on June 6, 2005 that Congress had the power to prevent states from legalizing medical marijuana.

Barnett also focuses on the history and original meaning of the Second and Ninth Amendments to the United States Constitution. Barnett has advanced the Standard Model interpretation that the Second Amendment protects an individual right to bear arms, albeit one subject to federal regulation under Congress's power to organize the militia in Article I, Sec. 8 of the Constitution.