Introduction. Why care what the Constitution says? -- pt. I. Constitutional legitimacy. The fiction of 'we the people': is the Constitution binding on us? ; Constitutional legitimacy without consent: protecting the rights retained by the people ; Natural rights as liberty rights: retained rights, privileges, or immunities -- pt. II. Constitutional method. Constitutional interpretation: an originalism for nonoriginalists ; Constitutional construction: supplementing original meaning ; Judicial review: the meaning of the judicial power -- pt. III. Constitutional limits. Judicial review of federal laws: the meaning of the necessary and proper clause ; Judicial review of state laws: the meaning of the privileges or immunities clause ; The mandate of the Ninth Amendment: why Footnote Four is wrong ; The presumption of liberty: protecting rights without listing them -- pt. IV. Constitutional powers. The proper scope of federal power: the meaning of the Commerce Clause ; The proper scope of state power: construing the 'police power' ; Showing necessity: judicial doctrines and application to cases -- Conclusion. Restoring the lost constitution.
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