Get the Ricochet app

Ricochet will work fine in a browser on your mobile devices, but for the best experience please download our app.

Download on the App StoreGet it on Google Play

Become a member.

Tired of the toxicity of social media? Why not join Ricochet for just $5/month? Think of it as an online bar. Come in, have a drink, hang out, say whatever you want. But don’t badger, bully, or berate the other drinkers. That's our only rule.

The Three Whisky Happy Hour: Getting Right with the 14th Amendment, with Randy Barnett

Subscribe to 3 Whisky Happy HourSubscribe

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.

Host:
Steve Hayward
Guests:
JYJohn Yoo"Lucretia"RBRandy Barnett

Discussion (11)

  • Leslie Watkins@LeslieWatkins

    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.

Scroll for later comments
+6 more comments
Join the conversation

You're seeing five of eleven comments. Sign in, or join for just $5 per month, to read them all and add your own.