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Index
Dedication
Contents
Foreword by George F. Will
Introduction: Triumph and Tragedy: How the Obamacare Case Was Won . . . and Lost
Part I: Creating Our Republican Constitution
1. “To Secure These Rights”: The Political Theory of the Declaration of Independence
2. Revising “Republicanism”: Solving the Problem of Too Much Democracy
3. “We the People” as Individuals: Popular Sovereignty in the Constitution and Supreme Court
Part II: Improving Our Republican Constitution
4. How Slavery Led to a More Republican Constitution: The New Republican Party and Its Amendments
5. Losing Our Republican Constitution: The Rise of Progressivism, Judicial Restraint, and the Living Constitution
Part III: Preserving Our Republican Constitution
6. Why Federalism Matters: How Structure Secures the Liberties of the People
7. Protecting Rights by Limiting Federal Power: The Rise, Fall, and Partial Revival of Federalism
8. A Government of Men and Not of Laws: The Rise of the Executive-Administrative State
9. “Irrational and Arbitrary” Laws: The Need for Judicial Skepticism
Conclusion: Redeeming Our Republican Constitution
Acknowledgments
Notes
Index
About the Author
Also by Randy E. Barnett
Credits
Copyright
About the Publisher
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