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04/27/2014

Ackerman on Barnett, and Barnett on Ackerman
Michael Ramsey

Bruce Ackerman comments on Randy Barnett's We the People: Each and Every One.  Randy Barnett replies here -- with a long discussion of originalism, Chisholm v. Georgia and the Eleventh Amendment, and this conclusion:

For this reason, Ackerman’s characterization of my position as a “rejection of originalism” is a gross distortion. Unsurprisingly, I remain fully committed to originalism but argue, as I always have, for the legitimacy of the originalist constitutional order on normative grounds. The opinions in Chisholm v. Georgia demonstrate that individual popular sovereignty is deeply rooted in our constitutional tradition, but the normative legitimacy of the constitutional order must be supported by reasons that we can affirm here and now.