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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