I sat down with Georgetown University constitutional law professor and originalist scholar Randy Barnett to discuss his books on his time as a Chicago prosecutor, how the Supreme Court has reinterpreted the 14th Amendment, and whether Trump’s birthright citizenship restrictions should be upheld by the Court.
We get into:
* How George Soros changed prosecution from a nonpartisan job into an ideological one
* The missing Privileges or Immunities Clause of the 14th Amendment
* Why the DEI framework contradicts the original meaning of the Equal Protection Clause
* What libertarians have gotten wrong about public infrastructure and private power
* The meaning of “subject to the jurisdiction” and why Trump’s argument is stronger than the media admits
* Why creed and culture have to reinforce each other for a free society to survive
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Outline:
[0:00] Working as a prosecutor in Chicago
[6:58] The Warren Court and the rise of originalism
[16:44] George Soros prosecutors are dangerous
[21:46] How prosecutors build strong cases
[34:16] Power corrupts even good prosecutors
[41:17] Libertarians ignore the problem of private power
[45:51] The 14th Amendment and the first civil rights laws
[57:28] Disappearing constitutional limits on government
[1:03:59] What is “equality under the law”?
[1:09:53] What kind of discrimination should be legal?
[1:17:57] We still need intellectuals and academics
[1:28:46] Will the Supreme Court end birthright citizenship?
[1:42:09] Rethinking immigration as a libertarian
[1:58:24] Utopianism and “ideal world” libertarians
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