Randy Barnett on Originalism, the Supreme Court, and Constitutional Law

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  • Опубліковано 21 лис 2024

КОМЕНТАРІ • 83

  • @DadSavesAmerica
    @DadSavesAmerica  8 днів тому +6

    If you like what you see and want to stay up to date with Dad Saves America, please subscribe here on UA-cam or over on Substack, where you can find weekly articles and the audio version of the podcast, with more to come in the near future!
    www.dadsavesamerica.com

    • @RobertTanguay
      @RobertTanguay 7 днів тому +1

      I reached out to you recently but you may not have gotten it. I need help and attention to bring light to the family court corruption and slimy lawyers.
      Thanks Dad!

    • @DadSavesAmerica
      @DadSavesAmerica  7 днів тому +1

      We definitely have talked about this issue internally and would love to find some great guests to focus on it.

    • @joshua3911
      @joshua3911 5 днів тому

      I would format family law, with both the plaintiff and defense lawyers in a conversation. One part each lays a basic of their philosophy and then basic legal theory beliefs. Then bring them together in a couple of basic scenarios to form an argument. Then explain the laws they leaned into and why. So I say this, because family law goes emotionally bad/south very quickly. Cutting out plaintiff and defense from cross talking and undermining the other will be hard. But it will be the most beneficial way to engage. Ask a lawyer why they don’t do family law? It’s life sucking, and destructive

    • @benjohnson6911
      @benjohnson6911 5 днів тому

      I’m

    • @truecatholic1
      @truecatholic1 3 дні тому

      ​@@DadSavesAmerica2+2=4 regardless of political party. In the same way, abortion is murder regardless of the party of the person who stayed the truth..

  • @candidlens
    @candidlens 5 днів тому +7

    Everyone should read Prof. Barnett's books. Another person to have on this show is Prof. Phillip Hamburger of Columbia Law School. He is doing great work in this area as well.

  • @rochellecaffee1417
    @rochellecaffee1417 5 днів тому +3

    I haven’t read your book yet, Professor Barnett, but I WILL MAKE TIME TO READ IT!! I loved your response to the current COS grassroots Project podcast. It was an excellent presentation by you…honest and real, and i, personally, NEEDED TO HEAR YOU!! Thank you for continuing “to HOPE for the BEST”!!! God bless you, sir…it has been said that, “GOOD THINGS COME TO THOSE WHO WAIT”….and i am so glad you “waited” SO THAT I, AND SO MANY OTHERS, COULD HEAR AND CONSIDER ALL YOUR EXPERIENCE AND WISDOM!! How we NEED YOU NOW!! 🙏❤️✝️🇺🇸(🇮🇱)⚔️🧐….💯

  • @marymitchell4617
    @marymitchell4617 4 дні тому +5

    I'm just a regular gal, but I've been on fire about Original Constitutional Law since our cities were being burned to the ground in 2020, & the pouty pyros not only got away with it; they were treated like heros. REAL American heroes are people like these two guys; who have the courage to speak out in these censorious times, reminding US of our obligation to persevere, & never take for granted, the gift of paticipating in this noble, divinely inspired experiment.

    • @Lightning613
      @Lightning613 4 дні тому

      The radicals who burned our cities “got away with it,” because they (anti-Faux, BLM, ACORN) are the DEMs’ modern day versions of Benito Mussolini’s 1920’s ‘Black Shirts’ and 1930’s Germany’s ‘Brown Shirts.’

    • @DadSavesAmerica
      @DadSavesAmerica  День тому +1

      I really appreciate that, Mary. Thank you!

    • @marymitchell4617
      @marymitchell4617 День тому +1

      @DadSavesAmerica heck.. I appreciate your reply!!!! I don't do hollywood, star-struck, fan stuff, but you're an exception; here's why; I believe the Almighty is lining up REAL stars

  • @boveandbeyond
    @boveandbeyond 7 днів тому +15

    32:01 He didn’t think that remark about “lawyers running the government” was funny, but I did. 😊

    • @seanlee7276
      @seanlee7276 7 днів тому +2

      The gatekeepers do not like being exposed.

    • @pappaflammyboi5799
      @pappaflammyboi5799 5 днів тому +2

      I saw that too, and came here to comment, but you beat me to it.😅
      The steely cold look tho, that was classic! 👌

    • @droverwatch7407
      @droverwatch7407 2 дні тому +4

      Read the original 13th Amendment, no one with title or nobility shall hold office. Lawyers are esquires, knights of the queen of England

  • @ArleneBrown-m4f
    @ArleneBrown-m4f 7 днів тому +10

    It’s conversations like this that makes Dad Saves America my favorite podcast. Truly overwhelmingly informative stuff here. Sure wish every confused, troubled teenager could hear this.

    • @DadSavesAmerica
      @DadSavesAmerica  7 днів тому +2

      I really appreciate that!

    • @truecatholic1
      @truecatholic1 3 дні тому

      ​@@DadSavesAmericaApparently, the word "progressive" became code for communist in the 1930s.

  • @joshua3911
    @joshua3911 5 днів тому +2

    I’m so glad Randy is helping people learn these issues around law, kurt at Uncivil law was the one, who I learned from. The conversations around chevron and “the contract” of “The constitution” is exactly as I was taught. Fantastic. I’m a little over half way. I’m waiting for the complication of commerce law to blow everything up. 👏

  • @RedFeather36
    @RedFeather36 7 днів тому +5

    Great conversation! This guy authored both my Con law casebook and my K law casebook that was used when I was in law school.

  • @Easyservice-x8q
    @Easyservice-x8q 3 дні тому +1

    It was a wonderful discussion. I enjoy this kind of discussion

  • @Swede2of3
    @Swede2of3 7 днів тому +3

    Thank you for the much needed info laid out for all to consume then act upon. Always enjoy your content. Thank you, sir.

  • @MichaelDillon-w7d
    @MichaelDillon-w7d 5 днів тому +1

    Professor Barnett is my preferred constitutional scholar. He is on the same level as Dershowitz and Turley.

  • @BajatheChickenMan
    @BajatheChickenMan 7 днів тому +1

    Waking up to a new Dad Saves America video is a good day. Still don't know why it wont notify me at the time of release of the videos but thanks John!

    • @DadSavesAmerica
      @DadSavesAmerica  7 днів тому

      That's why you should sign up for our Substack emails via dadsavesamerica.com! It's free, though paid tiers are much appreciated.

  • @CliffCliffsEdgeEdge
    @CliffCliffsEdgeEdge 9 годин тому

    Great interview! “We don’t learn this stuff as kids.” and “civic ignorance” are two monumental statements that identify major defects in our current public education system.

  • @learningone7786
    @learningone7786 5 днів тому +3

    This is why every law should be precise, and if it isn't it needs to be rewritten.
    Wish you had discussed:
    1. Is it time for a constitutional convention, and make it so it doesn't take 100 lawyers to tell me what the constitution, or a law, means.
    2. Since SCOTUS has no way to force compliance of their rulings what good are they.
    3. How do people get restitution for being jailed for an administration "ruling?
    4. How about getting rid of civil asset forfeiture, qualified immunity, and spying on Americans without a warrant.

  • @merlingrim2843
    @merlingrim2843 5 днів тому +1

    The purpose of the government is stated in the declaration of independents. Essentially secure the inalienable rights of sovereign individuals. The constitution defines the government for that purpose. The legitimate power of government is limited to that which one sovereign individual can possess over another. Which is minimal. If I don’t have an inalienable right to do something to my neighbor then the power does not exist for delegations to government. As such individuals in government have no more legitimate authority to do something to my neighbor than I do. Originalists, true originalists, interpret the constitution according to first principles of intent. If one interprets the constitution in a way which violates the inalienable rights of even a single sovereign individual then they are contradicting the intent.

  • @brianstover4626
    @brianstover4626 9 годин тому

    The constitution is also a living document. That is the founding fathers were well aware of the need to change it. James Madison, for example, did not like it as it was originally written, but knew it could be amended going forward. The original constitution was the Articles of Confederation which requires unanimous consent to alter. The constitution as we now have gave the government more power..

  • @mattwa33186
    @mattwa33186 6 днів тому +2

    His ideas for how libertarianism needs to be updated hit every single issue I have with libertarianism.

    • @truecatholic1
      @truecatholic1 3 дні тому +1

      Some libertarians think that it is okay to let a baby starve to death. Murray Rothbard. On the other hand, the interviewer does believe that abortion is murder.

  • @brianstover4626
    @brianstover4626 9 годин тому

    Your guest nailed it around time marker 1:02, however he failed to point out the need for the federal government to have more power over the states. For instance, state would impose their own tariffs which caused major economic issue and the federal government needed to have the power to stop it. When individual state make laws that affect the whole of the country then the federal government should be able to constrain them. Like climate change…

  • @War4theWest
    @War4theWest 8 годин тому

    There is a not so subtle subtext to many of Randy's comments to 'Dad'. I wonder how many see it?
    The state of our civic and public intellectual discourse, even by 'voices' with big audiences, isn't impressive. Many people have silly ideas about how the law and our govt actually work, and what we are actually 'entitled' to under it.
    Randy's very gentle chiding should be taken to heart by many listening.

  • @Kimani_White
    @Kimani_White 7 днів тому

    I've been working on updating Natural Law Theory in a way that allows for ethical understanding to have the same _(or greater)_ level of epistemic rigor as the other natural sciences. I can't lay it all out in detail here, but here's a gist of the basics:
    1.) The fundamental basis for ethics is the *Principle of Reciprocity,* which is basically just the logical *Law of Identity* applied to normative conditions _(i.e. motive states and the choices generated from them)._
    2.) The valence of a motive state is identical to its existential value and, likewise, the net valence of an individual's overall motive character is their intrinsic value. Simply put, how one is generally inclined to value others is literally a psychological projection of their own moral worth.
    3.) With the above in mind... The fundamental essence of moral good is _agape_ -- non-egocentric care. It is the core virtue from which all other character virtues are ultimately derived, and what imbues a being with positive intrinsic value.
    4.) One necessarily has natural rights insofar as they're willing to respect the lives and liberties of others, and cedes them to the extent that they don't -- as per the PoR. This is what makes rights _(which are negative by default)_ 'inalienable', in that they cannot be externally granted or revoked, only honored or infringed upon. Ergo, inhering the positive intrinsic value of having a benign character entails possessing natural rights.
    5.) Positive rights are only derivable from negative rights by obliging one's self through acts of volition: Either by voluntary commitment to provision specified goods/services to specified parties, or in the form of liabilities incurred by imposing on the negative rights of another.

  • @stephencooper5040
    @stephencooper5040 7 днів тому +1

    The notion that i get of the common law is that it is the law that is discovered through jury deliberation. The idea being that a group of reasonable and right minded humans can find a solution through discussion.

    • @velocirapture89
      @velocirapture89 7 днів тому

      And it goes way way back, so it incorporates the wisdom of ages. It's a very good system.

    • @NorCalNeel
      @NorCalNeel 6 днів тому

      ​@@velocirapture89HOOah !

  • @lauriaktahi
    @lauriaktahi 4 дні тому

    actually, the constitution was incorporated more than 160 years ago. What we are watching is the
    restoration of it and the Republic.
    And Common Law.

  • @deansthedevil1
    @deansthedevil1 4 дні тому

    I like the idea of a living speed limit.

  • @droverwatch7407
    @droverwatch7407 2 дні тому

    I’m really tired of hearing this democratic republic!!!! America is a Constitutional Republic period, the United States is a federal corporation it a country, America is a country!

  • @helixxharpell
    @helixxharpell 6 днів тому

    I too fought T mobile AND WON!! 😂😂😂😂😂 That was my favorite part! first time in a long time I was ever happy with a lawyer dating all the way back to my divorce! 😅

  • @jonathanasbell
    @jonathanasbell 4 дні тому

    How many cases have been settled using the Chevron statute? How many laws have been put in place using that?

  • @kathyhagan8444
    @kathyhagan8444 2 дні тому

    I just want a constitutional court- not a loosey-goosey interpretative court

  • @htchd1htchd149
    @htchd1htchd149 10 годин тому

    Wished he would of asked about the sovereign citizen movement ,do they have anything right ?

  • @ClearGlassStudios281
    @ClearGlassStudios281 7 днів тому +3

    32:06 akward. 😂

  • @Challeen
    @Challeen 4 дні тому

    The Epstien Tapes been out since Nov 2 at the Daily Beast. Sounds as though he was inside Trumps Whitehouse.

  • @NorCalNeel
    @NorCalNeel 6 днів тому +1

    6:46 maybe, but you have to leave room for God in your equation

  • @justinsordahl813
    @justinsordahl813 3 дні тому

    Chevron was lazy by the courts.

  • @hllndsn1
    @hllndsn1 4 дні тому

    How can you be a "comstitutional law guy" but not an "administrive law guy"? The two are insepeeable- there is no "administrative law" in the Constitution. And its not a big deal anyway. Intellectually Sickening.

  • @dasfahrer8187
    @dasfahrer8187 6 днів тому

    Seems that the ability to do something and the freedom to do it are two separate issues. Curious why you're conflating them in your definition of freedom?

  • @DAWN001
    @DAWN001 7 днів тому +1

    39:30

  • @scottohara9001
    @scottohara9001 5 днів тому

    I think Republicans should pack the court with four more seats and end the filibuster…just kidding

  • @meiko_kaji
    @meiko_kaji 6 днів тому +3

    Randy Barnett is so far beyond the interviewer it's embarrassing. Randy should have fed him questions in advance. What a wasted opportunity

    • @joshua3911
      @joshua3911 5 днів тому +4

      It’s best that the basics and foundation are agreed upon, before the complex can be understood. Most people don’t have a legal theory let alone a basic understanding of what’s being argued. Read a newspaper after a Supreme Court case is decided. Clueless journalists or malicious?

  • @jacksonklark6119
    @jacksonklark6119 7 днів тому +1

    The US is a Democracy and a Republic these systems are not mutual exclusive.

    • @Individual_Lives_Matter
      @Individual_Lives_Matter 7 днів тому +1

      Mehhh. A little bit. I guess it depends on your definition of democracy.

    • @Dan-fj4qm
      @Dan-fj4qm 7 днів тому

      The US is not a Democracy and was never intended to be. Read the founding documents and the personal writings of the founders. They abhorred Democracy as chaos, mob rule, and a “tyranny of the majority” doomed to inevitable implosion. You mistake Democracy with democratic process. The US is a Republic, which has democratic processes baked into its functional mechanisms, but with significant, and intentional limits with the purposed intent of preventing the majority from tyrannizing the minority. In the American Republic the citizen will always have fundamental human rights the majority can never vote away from them as opposed to a Democracy. Do not get Democracy and democratic process mixed up. They share overlapping similarities, of course, but are vastly different in the case of the USA.

    • @BajatheChickenMan
      @BajatheChickenMan 7 днів тому +1

      Its a Corporatocracy let's not kid ourselves.

    • @Sarcasmarkus
      @Sarcasmarkus 7 днів тому

      You forgot the "federal constitutional" part.

    • @NorCalNeel
      @NorCalNeel 6 днів тому

      We the People, got fat and lazy and created a " Stephenwolf ,monster"​@@BajatheChickenMan

  • @DAWN001
    @DAWN001 7 днів тому

    10:16 exactly

  • @MidNightRider2001
    @MidNightRider2001 7 днів тому +4

    What Constitution? It doesn't exist IRL.

    • @Sarcasmarkus
      @Sarcasmarkus 7 днів тому

      I'm pretty sure there's a treasure map on the back.

  • @Thor-o1v
    @Thor-o1v 7 днів тому

    Good man to have on