Randy Barnett: Originalism, Obamacare, and the Libertarian Movement

Today's guest is libertarian legal giant Randy Barnett , who has just published his memoir, A Life for Liberty: The Making of an American Originalist . Currently a law professor at Georgetown, Reason 's Nick Gillespie talks with Barnett about his days as a prosecutor in Chicago, how he helped create the legal philosophy of originalism , what it was like arguing medical marijuana and Obamacare cases at the Supreme Court, and what he learned from anarcho-capitalist Murray Rothbard. They also discuss why he thinks the libertarian movement needs an intellectual reboot and how his working-class, Jewish upbringing in Calumet City, Illinois, remains central to his identity.

0:00— Introduction

1:05— Gonzales vs. Raich (marijuana legalization)

6:15— United States vs. Lopez (gun-free school zones)

20:11— What is Originalism?

25:40— How Barnett became an originalist

27:20— How the 9th Amendment kickstarted Barnett's Constitutional law career

32:30— Lysander Spooner, slavery & the Constitution

38:28— Ad: Bank On Yourself

40:10— Calumet City Contrarianism

47:54— Murray Rothbard

54:50— Libertinism vs. libertarianism

57:48— A libertarian lawyer who didn't inhale

58:48— NFIB vs. Sebelius (the 'Obamacare' case)

1:09:48— The Libertarian Movement's influence

1:16:55— Ideas & the Academy still matter!

Previous appearances:

• " How the Conservative Supreme Court Is Changing America ," July 3, 2022
• " Randy Barnett on the Secret History of SCOTUS Confirmation Hearings ," July 27, 2018
• " Everything You Need To Know About Neil Gorsuch (Including Roe v. Wade ) ," February 2, 2017
• " Democrats Abandoned the Rule of Law. Under President Trump, Will They Help Restore It ?" November 9, 2016
• " Randy Barnett on Trump, the Supreme Court, and the Future of the Republican Party ," August 15, 2016
• " Randy Barnett: How To Secure Our Liberty Through 'Our Republican Constitution, '" April 7, 2016
• " Randy Barnett: Secret NSA Snooping Is 'a Fundamental Challenge' to Democracy ," August 19, 2013
• " Randy Barnett: Losing Obamacare While Preserving the Constitution ," July 12, 2012

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