FreedomFest is an annual, largely Libertarian conference that brings together people from various fields to discuss and promote ideas related to liberty, free markets, and individual freedom. This year in Las Vegas, The Arizona Sun Times interviewed Randy Barnett, whose memoir, A Life for Liberty: The Making of an American Originalist, offers an insightful look into his life, philosophy, and professional achievements. As one of the most influential legal scholars in constitutional law, Barnett champions liberty and originalism in his book. Originalism, he explains, is the judicial interpretation of the Constitution that aims to closely follow the original intentions of its framers.
Barnett, a professor at Georgetown University Law Center, chronicles his journey from prosecutor in Chicago to intellectual scholar. When The Sun Times asked what advice he gives young scholars about pursuing originalism, he responded, “Stick to your principles but keep an open mind.”
Barnett emphasized that he has changed his views when warranted and stressed the importance of being open to recognizing weaknesses in one’s views. “If you treat people with respect, they will reciprocate,” he added.
Barnett also addressed what it’s like to be a Libertarian, right-of-center faculty member at a predominantly left-wing institution. He stated, “I don’t criticize my colleagues, so it has been pleasant. I leave them alone, they leave me alone.” Barnett noted that his colleagues respect him even if they don’t agree with him. He acknowledged that it can be challenging to gain acceptance due to discrimination against those right-of- center, but once accepted, “colleagues tend to want you to succeed.”
Reflecting on his early days as a prosecutor and the impact on his career, Barnett shared his experiences of taking the unconventional route from prosecutor to academic. “Rightly so,” he said, he faced some healthy skepticism among appointment committees. He emphasized that the theme of justice has run through his entire career. As a criminal lawyer, it was about doing justice “case by case,” said Barnett. As a trial attorney, he said that he built cases, but as an academic, he built arguments and considered every move those who disagreed with him might make. “Anticipating my weaknesses made my arguments stronger,” he explained. As a professor, his focus shifted to systemic justice.
A feature of Barnett’s memoir is its detailed recounting of significant legal battles and his role in shaping contemporary constitutional debates. His involvement in the Supreme Court case NFIB v. Sebelius, challenged the Affordable Care Act. The memoir also reflects on his oral arguments before the Supreme Court, particularly noting a line of questioning from former Justice Anton Scalia in the Gonzales v. Raich case that caught him off guard. The Sun Times inquired what he did when he wasn’t prepared to answer the question. “I paused,” Barnett recounted, and another justice unknowingly bailed him out by asking a different question during his pause.
Barnett said that despite being a “lifelong” and “radical” libertarian, he opposes the formation of the Libertarian Party. Initially excited about the party’s potential, he now argues that it should be dissolved. “The party was a mistake,” he asserted.
Barnett said he believes that third parties are a detriment in a two-party system, as they weaken the party most aligned with their values and drain it of votes and manpower. He advocates for Libertarians to integrate into the two major parties and work to infuse them with Libertarian principles.
Barnett praised the decision to invite Trump to speak at the Libertarian Convention, describing it as brilliant. He said he believes Libertarians should have seen it as the “best thing” that could have happened, noting that Trump showed them a lot of respect in his own “Trumpian way,” which they did not reciprocate.
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Christy Kelly is a reporter at The Arizona Sun Times and The Star News Network. Follow Christy on Twitter / X. Email tips to [email protected].
