b. 1952
Randy Barnett (born 1952) is a prominent American legal philosopher and constitutional theorist at Georgetown University Law Center, known for his libertarian approach to constitutional interpretation and natural rights theory. He is a leading proponent of original public meaning originalism, arguing that constitutional interpretation should be grounded in the objective public meaning of the text at ratification rather than the subjective intentions of the framers. His work spans contract theory, natural rights, and structural constitutional analysis.
Developed the 'presumption of liberty' framework for constitutional interpretation, requiring government to justify restrictions on individual freedom
Authored 'Restoring the Lost Constitution' (2004), a landmark text on original public meaning originalism
Led the constitutional challenge to the Affordable Care Act's individual mandate before the Supreme Court
Developed a natural rights theory of contract and property law in 'The Structure of Liberty' (1998)
Distinguished original public meaning from original intent originalism, reshaping contemporary constitutional theory