The Classical Liberal Constitution Vindicated

I am very grateful to the authors who have made contributions, both long and short, to this conference volume of the New York University Journal of Law and Liberty, dedicated to this issue on my recent book, The Classical Liberal Constitution: The Uncertain Quest for Limited Government, and I take this occasion not only to thank them for the care and attention to which they have given my work, but for the incisiveness of their criticisms on the one hand and their own original insights on the other. In making this response, I shall follow the basic pattern that is found in the book itself, which it to begin the comment with a discussion of those articles that are directed to issues of textual interpretation. Second, I shall address many of the structural issues raised in the book. Finally, I conclude with a discussion of the claims about individual rights. My conclusion should surprise no one. I think that the case for the Classical Liberal Constitution is strengthened by the observation of its friends, and strengthened as well by the answers to pointed criticisms directed toward that theory.

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The Rational-Basis Test Violates Due Process

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The Classical Liberal Constitution: An Originalist Assement