About this episode

Barnett and Volokh debate the legal relevance of the Declaration of Independence in relation to government power and constitutional interpretation.

Barnett argues the Declaration of Independence is foundational law that sets government’s purposes and limits, so constitutional interpretation should presume liberty and demand clear authority for restrictions. Volokh agrees the Declaration is crucial but sees it mainly as political argument and inspiration, not binding law, except where anchored in constitutional text like the Ninth Amendment. Their debate turns on whether the Declaration’s first principles can function as legally relevant constraints on government power.

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