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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.
From there we venture into some of the history of the 14th Amendment, as well as Prof. Barnett's thorough tour in the book of contemporary understandings—and misunderstandings—of this crucial amendment. His reconstruction of this Reconstruction Era amendment deserves to take its place as one of the pre-eminent works on this subject. (Bonus: he also supplied the trademark Ricochet sign off at the very end of the recording, so listen through the exit music for a treat.)
Oh, I almost forgot: we recorded in John Yoo's office at Berkeley Law, and he loitered in the background, mostly heckling and pouring Maker's Mark in our coffee. The things we put up with.
Hosted by Steve Hayward, with guests JYJohn Yoo, "Lucretia", and RBRandy Barnett
Discussion (11)
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I liked John Yoo’s story of attracting five protestors including a person with a walker. Only in Bersekley.
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Another great episode, even for a layperson such as myself.
Barnett speaks with such depth, such clarity of thought. I did not know, but it makes a lot of sense to me, that John Yoo’s partner in crime, Richard Epstein, was an early mentor. (I’m guessing that today they agree more on contracts than originalism.)
I thought Walter Dellinger’s name might come up, given his recent death. Long before I gained any knowledge of legal theory, practice, and procedure, I (a supporter of Roe) was at a reception for Dellinger and mentioned to him that I thought privacy was an odd, and weak, approach to building support for legalization. I was amazed when he said many people agreed with me. Now, in part due to podcasts such as this, I realize I was unintentionally making a pro-life point while trying to boost my pro-legalization argument!
Regarding the exit music, is it by any chance by Jorma Kaukone? Sounded Jefferson Airplaney to me.
Finally, Professor Barnett’s Funny sign off reminded me of—and I mean this as a compliment!—the Road Runner!
Thanks again for a great discussion.
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John Yoo's love of the McRib is legendary
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I am not a legal guy at all, but this discussion was really enlightening. I enjoyed it. Also stimulating. I listened to it at the gym this morning and my incline press was on fire.
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Very good episode
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