Originalism, Obamacare, and the Libertarian Movement | Randy Barnett | The Reason Interview

Libertarian legal giant Randy Barnett on his epic Supreme Court battles, the Federalist Society, and watching movies with Murray Rothbard.

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!

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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.

#podcast #scotus #libertarian

[jacksmalligan]

Every time there's an interview with Randy Barnett, I click! Have never been disappointed yet.

[spencerlane]

Love Prof. Barnett. The country would be in much better shape if his views held sway at the Supreme Court.

[lizj]

Fascinating! Thank you, Nick and Randy. There's nothing new about libertinism vs libertarianism. I was dealing with it in California from 1972 to 1976. The marijuana users were appalled that I wouldn't let them smoke weed on my property. One of the "leading lights", who shall remain nameless, thought you were weird if you weren't willing to have sex with anyone of any sex. Just two examples, but it was pervasive, at least in northern California.

[glennmitchell]

Libertines indulge in hedonism. Libertarians tolerate hedonism.

[ericrhodes]

Absolutely great interview! I think I have to pick up that book now.

[davidanalyst]

the most important thing for you to listen to is 1:08:44. If you think you are going to change the government by voting for trump, Trump was in office and did almost nothing about obamacare. Trump didn't build his wall, and he did nothing about the budget. The reason Trump failed in so many things is explained by Randy Barnett at 1:08:44

[TimedNonTides]

Argentine president & libertarian Milei threatened pro-palestinian protesters against slowing down commerce, then flew to Israel to kiss the wall.

More to the point, we all saw that libertarian, Anarchists, & objectivists were too conflicted during the covid agenda, confused by what amounted to public private partnerships, so much so that they failed to mount serious resistance thus leaving Americans to suffer.

You see, it seemed libertarians weren't willing to figuratively & literally take to the streets, to claim public back from govt encroachment both in public & private.

Simply put, I could see a scenario where libertarians & their ideas develop in opposition to the Trucker movement against the covid & the Farmer one against the climate agenda; I could see Melei shutting down protesters against the New World Order, threatening protesters against slowing down commerce even if that commerce is fascist or otherwise funded by force.

There are two things we need to confront if we're to survive this:

1st, To the extent funds obtained from activities (from criminal thieving to govt taxing to fed reserve printing ) other than the free market, that funding is defined as force, it's effect on the market, on people, is force; meaning, such censorship, propaganda, boycotts, advertisers, donors, etc. are forcing their own "will" on others, i.e., criminally taking both free choice & "freewill".

2nd, "Agent of the State", legal term, refers to those supposed private entities who are supported by the govt (force) in carrying out said "State's" agenda ie govt run YouTube publishers tailoring their govt approved messages, censoring their comment sections, what's the difference between them & the establishment media, misleading & selling us out for their govt pay.

[glennmitchell]

Marital sex is totally economic activity. Marriage itself is economic activity. Divorce certainly is.

[glennmitchell]

Were the early Republicans, libertarians? Was Lincoln a libertarian?

[danielreinhardt]

All a lawyer is good for us protecting you from their lawyer friends.

[grahamjones]

Reason isn't libertarian, its woke corporate Republican.

[andywomack]

Modern libertarians are not about individual liberty. If the were, they'd reject the market magic unregulated capitalism they tout.
Modern libertarians are about the liberty of the wealthy, and the freedom of the rich to do what they want with their money.