Lucretia added to her intrepid legend by venturing into the asylum at Berkeley this week to record this episode in person with Georgetown Law Professor Randy Barnett about his new book (co-authored with Evan Bernick), The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.

To remind listeners, Barnett argued the Gonzalez v. Raich case that challenged the unlimited reach of the Commerce Clause, and was one of the principal architects of NFIB v. Sebelius that challenged Obamacare back in 2012.

Before getting into the main topic of the 14th Amendment, we open with some intellectual history, as Prof. Barnett began his legal career as a prosecutor, and taught contracts in law school before being drawn into constitutional law mid-career. Since then he has published a series of highly regarded books that have helped revitalize constitutional originalism.

One of the most widely-made conservative arguments in favor of voting for Donald Trump in 2016 was his ability to nominate constitutionalist justices to the Supreme Court. This year, President Trump will get his chance to name the replacement for Associate Justice Anthony Kennedy, who is retiring.  From a conservative point of view, it’s an opportunity to replace the Court’s swing vote with a more conservative one.

To talk about this important development, we’re joined by one of America’s foremost constitutional scholars, Randy Barnett. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, and Director of the Georgetown Center for the Constitution.